SMT. PUSHPA SANCHETI, JAIPUR V. ITO, WARD 4(3), JAIPUR

ITA 1384/JPR/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7077 (ITAT-JAIPUR)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 24-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANCHAL MEENA ACIT
• Keywords: Sale consideration of property below Jantri Value; Principle of natural justice; Cost of acquisition; Set aside
• Section: 50C

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENC HES, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRA M SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 1384/JP/2019 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR :2012-13 SMT. PUSHPA SANCHETI 144 B, SAKET COLONY, VIJAY BARI, PATH NO. 7, SIKAR ROAD, JAIPUR CUKE VS. ITO, WARD-4(3), JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AHXPS8653H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : NONE JKTLO DH VKSJ LS @ REVENUE BY : MS. CHANCHAL MEENA (ACIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 08/09/2020 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 08/09/2020 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-2 JAIPUR DATED 18.10.2019 FOR ASSESSMENT YEAR 2012-13 WHEREIN THE ASSESSEE HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL: 1. THAT THE LD INCOME TAX OFFICER 4(3), JAIPUR H AVE ERRED ON FACTS AND IN LAW BY ADOPTING THE FULL VALUE CONSIDERATIO N OF THE PROPERTY U/S 50C AT RS. 30,98,021/- AS AGAINST ACTUAL CONSIDERA TION OF RS. 20,00,000/-FOR THE PURPOSE OF CALCULATING THE LONG TERM CAPITAL GAIN AND THEREBY CALCULATING THE LONG TERM CAPITAL GAIN AND THEREBY CALCULATING THE LONG TERM CAPITAL GAIN AT RS. 15,2 3,316/ -. THAT THE LD INCOME TAX OFFICER 4(3), JAIPUR HAVE NOT CORRECTLY ASCERTAINED THE COST OF ACQUISITION OF ASSET, THUS THE CAPITAL GAIN IS A SCERTAINED ON HIGHER ITA NO. 1384/JP/2019 SHRI PUSPHPA SANCHETI, JAIPUR VS. ITO, JAIPUR 2 VALUE. THE LD AO HAVE NOT ISSUED ANY NOTICE FOR ADO PTING VALUE ON HIGHER SIDE. 2. THAT THE LD AO HAS ERRED ON FACTS AND IN LAW IN MAKING AN ADDITION OF RS. 1,72,102/- BY COMPUTING THE NET PRO FIT FROM TRUCK HIRE CHARGES AT RS. 3,25,202/- U/S 44 AD OF INCOME TAX A CT AS AGAINST PROFIT OF RS. 1,53,100/- DECLARED BY THE HUMBLE APPELLANT. 3. THAT LEARNED LOWER AUTHORITIES GROSSLY ERRED IN LAW AND FACTS IN PASSING ORDER ON THE BASIS OF ASSUMPTION AND PRESUM PTIONS. 4. THAT ORDER OF LEARNED LOWER AUTHORITIES ARE AGAINST PRINCIPLES OF NATURAL JUSTICE. APPELLANT WAS NOT CONFRONTED WITH THE MATERIAL USED AGAINST THE APPELLANT AND WAS NOT GIVEN OPPORTUNITY OF REBUTTAL. 2. THE HEARING OF THE MATTER WAS SCHEDULED FOR TODA Y THROUGH VIDEO CONFERENCING IN VIEW OF THE ONGOING COVID-19 PANDEM IC SITUATION PREVAILING IN THE COUNTRY. NONE HAS APPEARED ON BEHALF OF THE ASS ESSEE, HOWEVER, AN ADJOURNMENT APPLICATION DATED 7.09.2020 WAS RECEIVE D BY THE REGISTRY WHEREIN THE LD A/R HAS STATED THAT AN ADJOURNMENT M AY BE GRANTED IN THE MATTER AS CERTAIN PAPERS/INFORMATION ARE AWAITED FR OM THE ASSESSEE. 3. THE LD. DR DRAWN OUR REFERENCE TO THE ORDER OF L D. CIT(A) AND SUBMITTED THAT ON AS MANY AS SEVEN OCCASIONS, THE A SSESSEE WAS PROVIDED REASONABLE OPPORTUNITY BY THE LD. CIT(A) BUT THE AS SESSEE HAS NOT EVEN BOTHERED TO COMPLY AND ATTEND TO THE APPELLATE PROC EEDINGS. IT WAS FURTHER SUBMITTED THAT THE MATTER HAS BEEN LISTED FOR HEARI NG BEFORE THE TRIBUNAL ON COUPLE OF OCCASIONS AND AGAIN, THE ASSESSEE HAS SOU GHT ADJOURNMENT FOR ONE REASON OR THE OTHER. IT WAS ACCORDINGLY SUBMITTED THAT MORE THAN ADEQUATE OPPORTUNITY HAS BEEN PROVIDED TO THE ASSESSEE AND T HE ORDER OF THE LD CIT(A) SHOULD THEREFORE BE CONFIRMED. ITA NO. 1384/JP/2019 SHRI PUSPHPA SANCHETI, JAIPUR VS. ITO, JAIPUR 3 4. WE HAVE HEARD THE LD DR AND PURUSED THE MATERIA L AVAILABLE ON RECORD. WE FIND THAT THE MATTER HAS BEEN LISTED FOR HEARING ON COUPLE OF OCCASIONS BY THE LD CIT(A) AND HAS BEEN ADJOURNED FROM TIME TO T IME DUE TO NON- COMPLIANCE ON PART OF THE ASSESSEE. WE BELIEVE THA T THE ASSESSEE CANNOT SIT BACK AND RELAX MERELY BY FILING HER APPEAL AND NEED S TO BE VIGILANT AND RESPONSIVE TO ATTEND TO THE NOTICES ISSUED BY THE A PPELLATE AUTHORITIES AND NON-ATTENDING TO THE PROCEEDINGS AND RESPONDING TO THE NOTICES CANNOT BE ENCOURAGED AS THE SAME BURDENS AND CLOGS THE JUDICI AL SYSTEM AND WE STRONGLY DISAPPROVE SUCH INACTION ON PART OF THE AS SESSEE. 5. AT THE SAME TIME, WE FIND THAT THE AO HAS BROUGH T TO TAX INCOME ON THE SALE OF AN IMMOVEABLE PROPERTY AND THE SALE CONSIDE RATION HAS BEEN DETERMINED AS PER THE STAMP DUTY VALUATION AND PROV ISIONS OF SECTION 50C HAS BEEN INVOKED. DURING THE APPELLATE PROCEEDINGS, TH E ASSESSEE HAS TAKEN A SPECIFIC GROUND OF APPEAL BEFORE THE LD CIT(A) CHAL LENGING SUCH ACTION ON PART OF THE AO IN INVOKING PROVISIONS OF SECTION 50C AND IN NOT REFERRING THE MATTER TO DVO U/S 50C(2) OF THE ACT. ADMITTEDLY, THE ASSE SSEE HAS NOT COMPLIED TO THE NOTICES ISSUED BY THE LD CIT(A), AT THE SAME TI ME, WHERE THE ASSESSEE HAS TAKEN A SPECIFIC GROUND OF APPEAL CHALLENGING THE A DOPTION OF THE DEEMED SALE CONSIDERATION AND NOT REFERRING THE MATTER TO DVO, THE LD CIT(A) COULD HAVE SOUGHT THE REPORT OF THE AO AND DISPOSE OFF THE SAI D GROUND OF APPEAL. GIVEN THAT THERE IS NO FINDING RECORDED BY THE LD CIT(A) IN RESPECT OF THE AFORESAID GROUND OF APPEAL BESIDES OTHER GROUNDS OF APPEAL TA KEN BY THE ASSESSEE WHICH ARE ALSO DECIDED BY THE LD CIT(A) SUMMARILY W ITHOUT DECIDING ON MERITS, WE BELIEVE THAT IN THE INTEREST OF JUSTICE AND FAIR PLAY, THE ASSESSEE DESERVES ONE LAST OPPORTUNITY TO PUT FORTH HER ARGUMENTS AND CONTENTIONS AND WE ACCORDINGLY SET ASIDE THE WHOLE MATTER TO THE FILE OF THE LD. CIT(A) TO EXAMINE THE SAME AFRESH AFTER PROVIDING REASONABLE OPPORTUN ITY TO THE ASSESSEE. THE ASSESSEE THROUGH HER A/R IS ALSO DIRECTED TO APPEAR BEFORE THE LD. CIT(A) AND ITA NO. 1384/JP/2019 SHRI PUSPHPA SANCHETI, JAIPUR VS. ITO, JAIPUR 4 FILE THE NECESSARY INFORMATION AND DOCUMENTATION IN SUPPORT OF HER CONTENTIONS, AS SO ADVISED AND ENSURE IN TIMELY COM PLETION OF THE PROCEEDINGS. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 08/09/2020. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 08/09/2020 * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. PUSPA SANCHETI, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-4(3), JAIPUR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 1384/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR