RAM KISHORE RAIGER, Jaipur V. ITO, Jaipur

ITA 1019/JPR/2010

• Counselvise Citation: 101923114 RSA 2010
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 12-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital asset; Opportunity of being heard; Fair market value
• Section: 54B

Judgement Text

1 ITA 1019-10 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH A JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 1019/JP/2010 ASSTT. YEAR : 2006-07. SHRI RAM KISHORE RAIGER, VS. THE INCOME-TAX OFFIC ER, LALYA KA BAS POST MAHAPURA, WARD 7(2), JAIPUR. JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MUKESH KHANDELWAL RESPONDENT BY : SHRI SANJAY KUMAR ORDER DATE OF ORDER : 08/07/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2006-07. 2. THE APPEAL FILED BY ASSESSEE IS DELAYED BY 114 D AYS. CONDONATION APPLICATION ALONG WITH AFFIDAVIT OF THE ASSESSEE IS PLACED ON R ECORD. IN THE AFFIDAVIT IT HAS BEEN STATED THAT THE ASSESSEE WAS NOT FEELING WELL DURING THE P ERIOD WHEN THE APPEAL WAS TO BE FILED. THE ASSESSEE WAS UNDER HEAVY PRESSURE AND DEPRESSED CONDITION ON ACCOUNT OF HEAVY DEMAND RAISED BY THE DEPARTMENT. THE ASSESSEE IS A GOVERNMENT SERVANT AND WAS POSTED BY THE GOVERNMENT OF RAJASTHAN IN CENSUS WORK AND C HILD TRACKING SYSTEM OF VARIOUS VILLAGES OF JAIPUR DURING THE PERIOD FEBRUARY TO JU LY, 2010. 2 2.1. AFTER GOING THROUGH THE CONTENTS OF AFFIDAVIT, IT IS SEEN THAT THERE WAS A BONAFIDE INTENTION IN NOT FILING THE APPEAL IN TIME. WE FUR THER NOTED THAT IN SIMILAR CIRCUMSTANCES IN CASE OF ANOTHER ASSESSEE I.E. CHHAGANLAL VERMA, THE TRIBUNAL HAS CONDONED THE DELAY OF ABOUT 4 MONTHS. THE APPEAL IN CASE OF SHRI CHHA GANLAL VERMA WAS DECIDED IN ITA NO. 1017/JP/2010 VIDE ORDER DATED 21.4.2011. THERE FORE, IN VIEW OF THESE FACTS AND CIRCUMSTANCES AND IN VIEW OF THE DECISION IN CASE O F SHRI CHHAGANLAL VERMA, WE CONDONE THE DELAY IN FILING THE APPEAL LATE BEFORE THE TRIB UNAL. 3. THE GROUNDS ON MERIT ARE AGAINST TREATING THE AG RICULTURAL INCOME AS CAPITAL ASSET AND TAKING THE FMV OF THE AGRICULTURAL LAND AS ON 1 .4.1981 AS RS. 11,000/- ONLY AND SUSTAINING THE DISALLOWANCE MADE BY AO FOR THE ALTE RNATIVE CLAIM OF THE ASSESSEE FOR REBATE UNDER SECTION 54B OF THE ACT. 4. SIMILAR ISSUES WERE INVOLVED IN THE CASE OF SHRI CHHAGANLAL VERMA (SUPRA) AND IN CASE OF SHRI JAGDISH SHARMA AND OTHERS IN ITA NO.91 1/JP/2007 AND OTHERS VIDE ORDER DATED 30.12.2010 THE MATTER HAS BEEN RESTORED TO TH E FILE OF AO TO DECIDE THE ISSUE AFRESH AFTER AFFORDING REASONABLE OPPORTUNITY OF BEING HEA RD. SINCE SIMILAR FACTS ARE INVOLVED IN THIS CASE ALSO, THEREFORE, ALL THE ISSUES ARE LIABL E TO BE RESTORED TO THE AO FOR DECIDING THE SAME AFRESH. 5. LD. COUNSEL OF THE ASSESSEE ALSO FAIRLY AGREED T HAT THE MATTER CAN BE SENT BACK TO THE AO FOR DECIDING AFRESH IN THE LIGHT OF DIRECTIO N OF THE TRIBUNAL IN OTHER TWO CASES. 6. ON THE OTHER HAND, THE LD. D/R HAS ALSO NOT OBJE CTED THE CONTENTION OF THE LD. A/R. 7. IN VIEW OF THESE FACTS AND CIRCUMSTANCES, WE SET ASIDE THE ORDER OF LD. CIT (A) AND RESTORE THE ENTIRE MATTER TO THE FILE OF AO TO DECI DE THE SAME AFRESH AFTER AFFORDING - REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. WE ORDER ACCORDINGLY. 3 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 9. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 08- 07-2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- COPY FORWARDED TO :- SHRI RAM KISHORE RAIGER, JAIPUR. THE ITO WARD 7(2), JAIPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 1019/JP/2010) BY ORDER, AR ITAT JAIPUR.