Smt. Savita Dattatraya Bagdure, Latur V. Income-tax Officer, Latur

ITA 1160/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3678 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 16-01-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1160/PUN/2017 / ASSESSMENT YEAR : 2010-11 SMT. SAVITA DATTATRAYA BAGDURE, AT & POST HOSUR, TA. NILANGA DIST. LATUR 413522 PAN : BQOPB5401K VS. ITO, WARD -1, LATUR (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-2, AURANGABAD ON 21-11-2016 IN RELATION TO THE ASSESSMENT YEAR 2010-11. 2. THERE IS DELAY OF 91 DAYS IN PRESENTING THE APPEAL BEFO RE THE TRIBUNAL. THE ASSESSEE HAS FILED AN AFFIDAVIT DATED 15-02-2017 EXPLAINING THE REASONS FOR DELAY. I AM SATISF IED APPELLANT BY SHRI M.K. KULKARNI RESPONDENT BY SHRI M.K. VERMA DATE OF HEARING 21-02-2019 DATE OF PRONOUNCEMENT 22-02-2019 ITA NO.1160/PUN/2017 SAVITA D. BAGDURE 2 WITH THE REASONS SO GIVEN. ACCORDINGLY, THE DELAY IS CONDON ED AND THE APPEAL IS ADMITTED FOR DISPOSAL. 3. THE ASSESSEE HAS RAISED ADDITIONAL GROUNDS CONTENDING THAT THE ISSUE WAS NOT EXAMINED IN THE LIGHT OF SECTION 10(37) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED THE AC T). 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESSE E FILED HIS RETURN IN THE CAPACITY OF GUARDIAN OF HIS CHILDREN, NAMELY, MASTER DHIRAJ AND MASTER SURAJ AND MS. DIPA AND CLAIMED REFUND OF RS.6,22,677/-. ENHANCED COMPENSATIO N OF RS.60,04,077/- WAS RECEIVED BY THE CHILDREN ON COMPULSOR Y ACQUISITION OF SOME LAND. THE ASSESSING OFFICER (AO) NOTED THAT INTEREST RECEIVED ON ENHANCED COMPENSATION WAS NOT OFFERED FOR TAXATION BY THE ASSESSEE. HE, THEREFORE, FIN ALISED THE ASSESSMENT ACCORDINGLY. THE APPEAL FILED BY THE ASSESS EE CAME TO BE DISMISSED BY THE LD. FIRST APPELLATE AUTHORITY. 5. I HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE R ELEVANT MATERIAL ON RECORD. THE LD. AR HAS NOT RAISED ANY OBJECTION AGAINST THE ACTION OF THE AUTHORITIES BELOW IN OTHERWISE TAXING THE AMOUNT UNDER CONSIDERATION. HE HOWEVER SUBMITTED THAT THE APPLICATION OF SECTION 10(37) OF THE ACT WAS NOT ITA NO.1160/PUN/2017 SAVITA D. BAGDURE 3 CONSIDERED, WHICH WAS REQUIRED TO BE EXAMINED. IT WAS FUR THER ADMITTED THAT THIS ISSUE WAS NOT RAISED BEFORE THE AUTHORITIES BELOW. 6. IN VIEW OF THE FOREGOING FACTS, WHILE UPHOLDING THE OTHERWISE INCLUSION OF THE AMOUNT IN THE TOTAL INCOME OF THE ASSESSEE, I SET-ASIDE THE IMPUGNED ORDER AND DIRECT THE AO TO EXAMINE THE AVAILABILITY OR OTHERWISE OF EXEMPTION US/.10(37) OF THE ACT ON THE AMOUNT IN QUESTION. NEEDLESS TO SAY, THE AO WILL PROVIDE REASONABLE OPPORTUNITY OF HEARING. 7. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2019. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 22 ND FEBRUARY, 2019 ITA NO.1160/PUN/2017 SAVITA D. BAGDURE 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, AURANGABAD 4. THE PR. CIT-2, AURANGABAD 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 21-02-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 21-02-2019 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *