SMT. NILANJANA CHAKRABORTI,KOLKATA vs. DCIT, CIRCLE - 22, KOLKATA , KOLKATA
In the result, appeal of the assessee is allowed for statistical purposes
ITA 2440/KOL/2017[2013-14]Status: DisposedITAT Kolkata09 Nov 2018AY 2013-14
Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2013-14 Smt. Nilanjana Chakraborti…………..………...........…………..……………….…...……..….…….....Appellant 99B, Kankulia Road Kolkata – 700 029 [Pan : Acupc 49992 P] Vs. Deputy Commissioner Of Income Tax, Circle-22, Kolkata.……......………………..........Respondent Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 03/08/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2013-14, On The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Holding The Erroneous Determination Of Long Term Capital Gain At Rs.72,50,000/- By Ld. Dcit On Erroneous Belief & Misconception Of Law By Denying The Benefit Claimed U/S 54F Of Income Tax Act, 1961 Of The Appellant. 2. That The Appellant Craves Leave To Add, Amend, Adduce Or Alter Any Ground Or Grounds On Or Before The Hearing Of The Appeal.”
Section 250Section 271(1)(C)Section 50CSection 54Section 54ESection 54F
Penalty proceeding u/s.271(1)(C) is initiated for furnishing inaccurate particulars of income.”
2.1. On appeal, the ld. First Appellate Authority confirmed the denial of exemption u/s 54F of the Act.
3. The ld. Counsel for the assessee submits that the assessee earned long term capital gain on sale of two plots of land. The total long term capital gain