M.Chinnadurai Nadar, CHENNAI V. DCIT, CHENNAI

ITA 1117/CHNY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3179 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-10-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 03-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital Gains

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ ITA NO.1117/CHNY/2017 ( / ASSESSMENT YEAR: 2008-09) M. CHINNADURAI NADAR 4, MADURAI STREET, PERAMBUR CHENNAI 600 011 / VS. DCIT - CC - III(2) CHENNAI - 600034 ././PAN/GIR NO. AHBPC-2989-G (- /APPELLANT ) : (01- / RESPONDENT ) -/ APPELLANT BY : NONE 01- / RESPONDENT BY : SHRI AR.V SREENIVASAN, ADDL.CIT / DATE OF HEARING : 11/10/2021 / DATE OF PRONOUNCEMENT : 11/10/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AT THE TIME OF HEARING, NONE APPEARED FOR ASSESS EE. THE LD. SR. DR PLEADED FASSESSEEOR DISMISSAL OF THE APPEAL BY P OINTING OUT THAT NONE IS APPEARING FOR ASSESSEE SINCE PAST SEVERAL O CCASIONS. 2. UPON PERUSAL OF IMPUGNED ORDER, IT COULD BE SEEN THAT THE ASSESSEE CLAIMED VARIOUS EXPENDITURE OF RS.39.83 LA CS WHILE COMPUTING CAPITAL GAINS ON SALE OF LAND. THESE ARE ENUMERATED IN PARA-2 OF IMPUGNED ORDER. THE SAME WERE DENIED BY LD. AO IN T HE ABSENCE OF SATISFACTORY EVIDENCES. SINCE THE SAME REMAINED UNS UBSTANTIATED EVEN 2 DURING APPELLATE PROCEEDINGS, LD. CIT(A) CONFIRMED THE DISALLOWANCE EXCEPT ALLOWING EXPENDITURE OF RS.1 LACS. AGGRIEVED , THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 3. AFTER GOING THROUGH IMPUGNED ORDER, GROUNDS OF A PPEAL AS WELL AS THE DOCUMENTS PLACED IN THE PAPER-BOOK, WE FIND THA T THE EXPENDITURE IS IN THE NATURE OF VALUER ESTIMATE, EARTH FILLING EXP ENSES, FORMATION OF LAYOUT, LEGAL FEES, BROKERAGE, PAYMENT TO ILLEGAL O CCUPANTS ETC. WHICH MIGHT BE ESSENTIAL TO ENABLE THE ASSESSEE TO SELL T HE LAND. THEREFORE, ON THE FACTS AND CIRCUMSTANCES OF THE CASE, WE REMIT T HE MATTER OF DISALLOWANCE OF EXPENSES BACK TO THE FILE OF LD. CI T(A) TO RECONSIDER ASSESSEES SUBMISSIONS AND THE DOCUMENTARY EVIDENCE S. NEEDLESS TO ADD THAT SUFFICIENT OPPORTUNITY OF HEARING SHALL BE GRANTED TO THE ASSESSEE. 4. THE APPEAL STAND ALLOWED FOR STATISTICAL PURPOSE S. ORDER PRONOUNCED ON 11 TH OCTOBER, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER < CHENNAI ; DATED : 11/10/2021 TLN 4 6 / COPY OF THE ORDER FORWARDED TO : 1. - / THE APPELLANT 2. 01- / THE RESPONDENT 3. C ( ) / THE CIT(A) 4. C / CIT CONCERNED 5. 0 , , < / DR, ITAT, CHENNAI 6. H / GUARD FILE / BY ORDER / (DY./ASSTT.REGISTRAR) , < / ITAT, CHENNAI