Mr. Ravi Agarwal, Gwalior V. ITO(IT&TP), Bhopal

ITA 10/AGR/2022

AI Insights

The case involves Ravi Agrawal, the appellant, who appealed against the order of the CIT(A)-13, Ahmedabad, dated 28.06.2019. The primary issue in the appeal was the claim of deduction under section 54F of the Income Tax Act, which was not initially claimed in the return of income nor addressed by the lower authorities. The Tribunal heard arguments from both parties and agreed that the matter concerning the earning of capital gains and the investment in a new flat needed re-examination to accurately determine the taxable capital gains. Consequently, the Tribunal remanded the case to the Assessing Officer for a thorough re-assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302535 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 30-01-2022
• Laws Referred To: Section 54F
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital asset; Capital Gains

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC‘ BENCH AGRA BEFORE: DR. B.R.R. KUMAR, ACCOUNTANT MEMBER & SHRI YOGESH KUMAR US, JUDICIAL MEMBER ITA No.10/AGR/2022 (Assessment Year: 2016-17) Ravi Agrawal, B-2/19, Vinay Nagar, Sector-04, Opp. Gauri Shankar School, Post Shabadpratap Ashram, Gwalior, MP 474012 Vs. The DCIT-13, Ahmedabad, Gujrat 380009 PAN/GIR No. AAJKPA 0020 F (Appellant) .. (Respondent) Assessee by Shri Ajay Wadjikar, CA Revenue by Shri Shailendra Srivastava, Sr. DR Date of Hearing 06/11/2023 Date of Pronouncement 07/11/2023 O R D E R PER DR. B.R.R. KUMAR : The present appeal has been filed by the assessee against the order of ld. CIT(A)-13, Ahmedabad dated 28.06.2019. 2. Heard the arguments of both the parties and perused the material available on record. 3. The assessee has filed additional ground of appeal relating to claiming of deduction u/s. 54F, which was neither claimed to return of income nor brought before the lower authorities. It was prayed that the matter of earning of capital gains and investment in the new flat have to be examined to determine the exact capital gains taxable. Both the parties fairly accepted the contention that matter needs to be ITA No.10/AGR/2022 Ravi Agrawal 2 examined at the level of the Assessing Officer after taking into consideration the sale and purchase of the capital assets, in this case the flats. Hence in the interest of justice the matter is being reminded to the A.O. for examination and determination of capital gains afresh by conducting the assessment proceedings de novo. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 07/11/2023. Sd/- (YOGESH KUMAR US) Sd/- (DR.B.R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated 07/11/2023 NV Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT,Delhi 1. The Appellant 2. The Respondent. 3. The CIT(A), 4. CIT 5. DR, ITAT, 6. Guard file. //True Copy//