MAHABIR GURU, BARPALI PARA, BALANGIR V. ADDL JCIT(A), COIMBATORE

ITA 172/CTK/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6478 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 17-06-2024
• Assessment Year: 2016-2017
• Appeal Filed On: 11-04-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Earning of tax free income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Mahabir Guru, Bolangir PAN/GIR No (Appellant This is an appeal filed by the assessee aga Addl/JCIT(A)-2, Coimbatore No.CIT(A),Sambalpur/10099/2018 2. None represented on behalf of Sr DR represented on behalf of the revenue. 3. I have considered the submission of ld Sr. DR. A perusal of the order of the ld CIT (A) shows that the deed of the agricultural land, bank statement of IDBI, Sonepur Branch and IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.172/CTK/2024 Assessment Year : 2016-2017 Mahabir Guru, Barpalipara, Vs. Addl/JCIT(A), Coimbatore PAN/GIR No.AEVPG 6224 K (Appellant) .. ( Respondent Assessee by : None Revenue by : Shri S.C.Mohanty, Date of Hearing : 18/0 Date of Pronouncement : 18/0 O R D E R This is an appeal filed by the assessee against the order of the ld 2, Coimbatore dated 13.2.2024 Sambalpur/10099/2018-19 for the assessment year represented on behalf of the assessee. Shri represented on behalf of the revenue. I have considered the submission of ld Sr. DR. A perusal of the order (A) shows that the assessee was asked to produce the sale deed of the agricultural land, bank statement of IDBI, Sonepur Branch and Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER 2017 Addl/JCIT(A), Coimbatore Respondent) : Shri S.C.Mohanty, ld Sr DR 06/2024 /06/2024 inst the order of the ld .2.2024 in Appeal for the assessment year 2016-17. the assessee. Shri S.C.Mohanty, ld I have considered the submission of ld Sr. DR. A perusal of the order was asked to produce the sale deed of the agricultural land, bank statement of IDBI, Sonepur Branch and ITA No.172/CTK/2024 Assessment Year : 2016-2017 Page2 | 3 confirmation letter from buyer of the land. As per para 5.3 of the order of the ld CIT(A), it is noticed that the ld CIT(A) has taken into consideration the fact that the Assessing Officer has got confirmation from the purchasers of the land showing an amount of Rs.14,63,113/-, whereas the assessee has claimed Rs.42,00,000/- as exempt income from sale of agricultural land. Admittedly, no evidence in regard to the claim of Rs.42,00,000/- was produced before the Assessing officer. A perusal of the assessment order also shows that show cause notices were issued to the assessee but the assessee has not given any reply. This being so, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard. 4. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 18/06/2024. Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 18/06/2024 B.K.Parida, SPS (OS) ITA No.172/CTK/2024 Assessment Year : 2016-2017 Page3 | 3 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Mahabir Guru, Barpalipara, Bolangir 2. The Respondent: Addl/JCIT(A), Coimbatore 3. Pr.CIT, Sambalpur 4. DR, ITAT, Cuttack 5. Guard file. //True Copy//