Satish Summinathan , Bangalore V. Income TAx Officer Ward-5(3)(3), Bangalore

ITA 1906/BANG/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 4597 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 25-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Principle of natural justice
• Section: 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, B ENGALURU BEFORE S HRI S UNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA , ACCOUNTANT MEMBER I TA NO. 1906 / BANG/2 0 1 7 (ASSESSMENT YEAR: 201 1 - 1 2 ) SHRI SATISH SWAMINATHAN , NO.407, BLOCK - C, VERCIOUS ENRICA, NIRGUNA MANDIR LAYOUT, KORAMANGALA 1 ST BLOCK, BENGALURU - 560047 PAN: AISPS 8139 E VS. APPELLANT INCOME - TAX OFFICER, WARD 5(3)(3), BENGALURU - RESPONDENT APPELLANT BY : NONE RESPONDENT BY : MS. NEERA MALHOTRA, CIT(DR) DATE OF HEARING: 13/06/2018 DATE OF PRONOUNCEMENT: 15 /06/2018 O R D E R PER SUNIL KUMAR YADAV THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 5 , [CIT(A PPEALS )] , BENGALURU, DATED 30/06/2017, INTER ALIA ON THE FOLLOWING GROUNDS: 1. THE LEARNED ASSESSING OFFICER HAD ERRED IN PASSING THE ORDER IN THE MANNER PASSED BY HIM AND THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN CONFIRMING THE SAME. THE IMPUGNED ORDER BEING BAD IN LAW, BARRED BY LIMITATION PASSED AGAINST THE PRINCIPLES OF NATURAL JUSTICE IS REQUIRED TO BE QUASHED. ITA NO . 1906 /BANG/20 1 7 PAGE 2 OF 3 2.1. IN ANY CASE AND WITHOUT PREJUDICE, THE LEARNED ASSESSING OFFICER HAD ERRED IN NOT ALLOWING THE DEDUCTION U/S. 54 OF THE ACT, AS CLAIMED BY TH E APPELLANT HOLDING THAT THE APPELLANT HAD PURCHASED THE HOUSE PROPERTY OUTSIDE INDIA AND THE COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN CONFIRMING THE SAME ON THE GROUND THAT THE VERY OBJECTIVE OF THE LEGISLATURE TO INTRODUCE THE PROVISION OF SECTI ON 54 OF THE ACT GETS DEFEATED AS THE PURCHASE OF RESIDENTIAL HOUSE ABROAD WILL NOT BOOST THE HOUSING SECTOR IN INDIA. THE ACTION OF AUTHORITIES BELOW BEING CONTRARY TO LAW APPLICABLE ARE TO BE DISREGARDED. 2.2 THE AUTHORITIES BELOW HAVE ERRED IN NOT APPR ECIATING THE FACT THAT THE APPELLANT HAS COMPLIED WITH THE PROVISIONS OF SECTION 54 OF THE ACT AND THEREFORE ON PROPER APPRECIATION OF FACTS AND THE LAW APPLICABLE, THE APPELLANT IS ENTITLED TO THE EXEMPTION U/S. 54 OF THE ACT AND THE SAME IS TO BE ALLOWED TO THE APPELLANT AS CLAIMED 3. THE ASSESSING OFFICER HAD ERRED IN DISALLOWING RS. 1,57,097/ - BEING INTEREST CLAIMED FROM HOUSE PROPERTY INCOME AND THE LEARNED CIT(A) HAS ERRED IN NOT ADJUDICATING THIS GROUND. THE APPELLANT HAVING PROVED THE PAYMENT OF IN TEREST, THE SAME WOULD HAVE BEEN ALLOWED TO THE APPELLANT. THE DISALLOWANCE AS MADE BY ASSESSING OFFICER BEING BAD IN LAW AND ON FACTS IS TO BE DELETED. 4. THE APPELLANT DENIES THE LIABILITY TO PAY INTEREST. THE INTEREST U/S.234 A / 234 B HAVING BEEN LEVIED ER RONEOUSLY IS TO BE DELETED. 5. IN VIEW OF THE ABOVE AND ON OTHER GROUNDS TO BE ADDUCED AT THE TIME OF HEARING IT IS REQUESTED THAT THE IMPUGNED ORDER BE QUASHED OR AT LEAST THE INCOME AS RETURNED BE ACCEPTED BY ALLOWING DEDUCTION U/S. 54 AS CLAIMED, THE DISA LLOWANCES AS MADE BE DELETED AND INTEREST LEVIED BE ALSO DELETED. 2 . THIS APPEAL CAME UP FOR HEARING ON 13/06/2018 BUT NONE APPEARED ON BEHALF OF THE ASSESSEE. FROM RECORD , IT IS NOTICE D THAT NOTICE OF HEARING WAS DULY SERVED ON THE ASSESSEE AND DESPITE SERVICE OF NOTICE OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREFORE, WE HAVE NO OPTION BUT TO HEAR THE APPEAL EX - PARTE. ACCORDINGLY , THE REVENUE WA S HEARD. 3 . WE HAVE CAREFULLY EXAMINED THE ORDER OF THE CIT(APPEALS) ON THE SAME ISSUES AND W E FIND THAT THE CIT(APPEALS) HAS ADJUDICATED THE ISSUES IN THE LIGHT OF THE RELEVANT PROVISIONS OF THE ACT. THEREFORE, WE FIND NO INFIRMITY IN THE ORDER OF THE CIT(APPEALS). ACCORDINGLY, WE CONFIRM THE SAME. ITA NO . 1906 /BANG/20 1 7 PAGE 3 OF 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSE SSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JUNE, 2018 SD/ - SD/ - (A.K.GARODIA) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU. D A T E D : 15/06/2018 SRINIVASULU, SPS COPY T O : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE