Sushila Eknath Sakore, Pune V. Income-tax Officer, Ward - 7 (3), Pune

ITA 1597/PUN/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3118 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 13-10-2019
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. / ITA No.1597/PUN/2019 नधा रण वष / Assessment Year : 2009-10 Sushila Eknath Sakore, S.No.42/2, Sahawas Bunglow, 15, Harikrupa Society, Ganesh Nagar, Wadgaon Sheri, Pune – 411 014 PAN : BZIPS4570D Vs. ITO, Ward-7(3), Pune (Appellant) Respondent) आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT (Appeals)-5, Pune on 19-06-2019 in relation to the assessment year 2009-10. 2. The only issue raised in this appeal is against not allowing exemption u/s.54F of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) amounting to Rs.11,99,580/-. 3. Briefly stated, the facts of the case are that the assessee transferred certain property resulting into capital gain of Rs.18,55,910/-. Exemption u/s.54F of the Act was claimed by the Appellant by Shri Deepak Sasar Respondent by Shri Rajesh Gawali Date of hearing 04-05-2022 Date of pronouncement 04-05-2022 ITA No. 1597/PUN/2019 Sushila Eknath Sakore 2 assessee. In the absence of any relevant documents in support of the claim, the Assessing Officer (AO) denied the benefit of the exemption. The ld. CIT(A) directed the AO to refer the valuation of the impugned property to the Divisional Valuation Officer (DVO) and then determine the income from long term capital gain in the assessee’s case after obtaining the valuation report. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 4. Having heard both the sides and gone through the relevant material on record, it is seen that the assessee could not substantiate the case about the investment in the new property before the AO. The ld. AR has filed certain additional evidence in support of such investments. The ld. CIT(A) has directed the AO to refer the matter of valuation of the property to the DVO and thereafter determine income from long term capital gain. The ld. AR submitted that despite the direction having been given in the year 2019, the AO has still not given any effect to this direction. In the given facts, I am of the considered opinion that the order of the ld. CIT(A), in principle, does not require any interference. However, the AO is directed to expeditiously give effect to the order passed by the ld. CIT(A) and while determining the income ITA No. 1597/PUN/2019 Sushila Eknath Sakore 3 from long term capital gain, he should take into consideration the additional evidence filed by the assessee in support of investments. Needless to say, the assessee will be allowed reasonable opportunity of hearing. 5. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 04 th May, 2022. Sd/- (R.S.SYAL) उपा य / VICE PRESIDENT प ु णे Pune; दनांक Dated : 04 th May, 2022 Satish आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The CIT(A)-5, Pune 4. 5. The Pr.CIT-4, Pune वभागीय त न ध, आयकर अपील!य अ धकरण, प ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No. 1597/PUN/2019 Sushila Eknath Sakore 4 Date 1. Draft dictated on 04-05-2022 Sr.PS 2. Draft placed before author 04-05-2022 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. *