Pramila Jaiswal, Howrah V. I.T.O.,Ward-46(3), Kolkata

ITA 1435/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3338 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 11-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Assessee Lawyers: I BANNERJEE
• Keywords: Sale consideration of property below Jantri Value
• Section: 50C; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 1435/KOL/2019 ASSESSMENT YEAR: 2012-13 PRAMILA JAISWAL...................................................................................................................APPELLANT [PAN: ACQPJ 7571 H] VS. ITO, WARD-46(3), KOLKATA.....................................................................RESPONDENT APPEARANCES BY: SMT. I. BANNERJEE, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SH. DHRUBAJYOTI RAY, JCIT, SR. DR, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 07 TH , 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 29 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)14, KOLKATA [CIT(A) FOR SHORT] DATED 05.03.2019 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR AY 2012-13. 2. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE ISSUE SHOULD BE RESTORED TO THE FILE OF THE AO FOR THE REASON THAT, THERE IS NO PROPER ALLOCATION OF THE CAPITAL GAIN IN QUESTION TO THE ASSESSEE WHO IS A CO-OWNER OF THE PROPERTY. MOREOVER, THE FINDING OF THE LD. CIT(A) THAT THERE WAS NO OBLIGATION ON THE PART OF THE AO TO REFER THE MATTER TO THE DVO FOR THE PURPOSE OF SECTION 50C OF THE ACT IS AGAINST THE PROPOSITIONS OF LAW LAID DOWN TO THE HONBLE JURISDICTIONAL HIGH COURT. IN THE CASE OF SUNIL KUMAR AGARWAL VS. COMMISSIONER OF INCOME-TAX, SILIGURI REPORTED IN [2015] 372 ITR 83 (CALCUTTA) . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 29 TH NOVEMBER, 2019. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 29.11.2019 BIDHAN 2 I.T.A. NO. 1435/KOL/2019 ASSESSMENT YEAR: 2012-13 PRAMILA JAISWAL. COPY OF THE ORDER FORWARDED TO: 1. PRAMILA JAISWAL, 81/1, BENARAS ROAD, BAMANGACHI, HOWRAH-711 101. 2. ITO, WARD-46(3), KOLKATA. 3. CIT(A)- 14, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES