Sri Darshan Singh Khandari, Vijayawada V. The ITO, Ward-2(1), Vijayawada

ITA 189/VIZ/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50252 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 06-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Assessee Lawyers: C V K PRASAD
• Section: 54F; 54

Judgement Text

ITA NO189/VIZ/2011 D.S. KHANDARI, VJ. 1 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO. 189 /VIZAG/ 20 11 ASSESSMENT YEAR : 2007 - 08 DARSHAN SINGH KHAN DARI VIJAYAWADA VS. ITO WARD - 2(1) VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO.AFDPS 3789L APPELLANT BY: SHRI C.V.K. PRASAD, ADVOCATE RESPONDENT BY: SHRI D. KOMALI KRISHNA, SR.DR ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF THE CIT(A) ON VARIOUS GROUNDS BUT DURING THE COURSE OF HEARING OF THE APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THE MAIN DISPUTE IS WITH REGARD TO THE EXEMPTION U/S 54F OF THE I.T. ACT. T HE LD. COUNSEL FOR THE ASSESSEE DID NOT DISPUTE THE OTHER FINDINGS OF THE CIT(A). IT WAS ALSO POINTED OUT THAT INADVERTENTLY THE ASSESSEE HAS RAISED A CL AIM U/S 54 OF THE ACT IN HIS RETURN OF INCOME BUT HE CLAIMED THE EXEMPTION U/S 5 4F ALSO DURING THE ASSESSING PROCEEDINGS. THE ASSESSING OFFICER HAS D ENIED THE EXEMPTION U/S 54 OF THE ACT. THE CLAIM OF EXEMPTION U/S 54F WAS NOT EXAMINED BY THE A.O. BEFORE THE CIT(A), THE ASSESSEE HAS RAISED A SPECIF IC PLEA WITH REGARD TO THE EXEMPTION U/S 54F OF THE ACT BUT IT WAS NOT AGAIN C ONSIDERED BY THE CIT(A) AND THE CLAIM OF THE ASSESSEE WAS REJECTED. 2. DURING THE COURSE OF HEARING OF THE APPEAL BOTH THE PARTIES TO THE APPEAL HAVE AGREED THAT LET THE MATTER BE SENT BACK TO THE FILE OF THE A.O. WITH A DIRECTION TO EXAMINE THE CLAIM OF EXEMPTION U/S 54F OF THE ACT IN ACCORDANCE WITH LAW. WE ACCORDINGLY SET ASIDE THE ORDER OF THE CIT(A) AND ITA NO189/VIZ/2011 D.S. KHANDARI, VJ. 2 RESTORE THE MATTER TO THE FILE OF THE A.O. WITH A D IRECTION TO RE-ADJUDICATE THE ISSUE OF CLAIM OF EXEMPTION U/S 54F OF THE ACT IN ACCORDANCE WITH LAW. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 21.6.2011 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 21 ST JUNE, 2011 COPY TO 1 M. SRINIVAS, ADVOCATE (TAXATION), D.NO.27 - 19 - 28, DURGAIAH STREET, GOVERNORPET, VIJAYAWADA-520 002. 2 ITO, WARD - 2(1), VIJAYAWADA 3 THE CI T, VIJAYAWADA 4 THE CIT (A) , VIJAYAWADA 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM