ACIT, NCC - 11 (1),, CHENNAI vs. SHRI ANIL KUMAR SHANTICHAND MEHTA,, CHENNAI
In the result, the appeal filed by the Revenue is dismissed
ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17
Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."
For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57
section 10(37) of the Act. The Assessing Officer further observed that since the land was not an agricultural land or was not used by the assessee for agricultural purposes two years preceding the date of acquisition, the assessee is not eligible to claim exemption. It was further noted that since the Government commenced construction of 400 feet road