Mandaben Anil Bhagat, Raigad V. Income-tax Officer, Ward - 1, Panvel

ITA 1909/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0664 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Earning of tax free income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1909/PUN/2017 / ASSESSMENT YEAR : 2009-10 MANDABEN ANIL BHAGAT, BUILDING NO.5, ROOM NO.62, GURUSHARAN COMPLEX, VISHARLI NAKA, OLD PANVEL, RAIGAD PAN : AIGPB0483Q VS. ITO, WARD-1, PANVEL (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-2, THANE ON 31-05-2017 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST TREATING THE INCOME FROM SALE OF AGRICULTURAL LAND AS SHORT TERM CAPITAL GAIN AS AGAINST EXEMPT INCOME CLAIMED BY THE ASSESSEE. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESSE E SOLD CERTAIN PIECE OF LAND AND DECLARED THE INCOME AS EXEMP T. APPELLANT BY NONE RESPONDENT BY SHRI RAJESH GAWALI DATE OF HEARING 04-12-2018 DATE OF PRONOUNCEMENT 04-12-2018 ITA NO.1909/PUN/2017 MANDABEN ANIL BHAGAT 2 THE AO TREATED THE LAND AS NOT AN AGRICULTURAL LAND AND CHARGED THE AMOUNT TO TAX AS SHORT TERM CAPITAL GAIN. NO RELIE F WAS ALLOWED IN THE FIRST APPEAL. 4. I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATE RIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE. THE CASE CAME UP FOR HEARING ON 03-10-2018 AND THERE WAS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE. A NOTICE WAS THEN SENT THROUGH THE REGISTERED POST ON 05-10- 2018. AGAIN, THERE IS NEITHER ANY REPRESENTATION FROM THE S IDE OF THE ASSESSEE NOR A PRAYER FOR ADJOURNMENT. 5. IT IS SEEN THAT THE AUTHORITIES BELOW HAVE CONSIDERED TH E PROFIT FROM TRANSFER OF PIECE OF LAND AS LEADING TO GENERA TION OF SHORT TERM CAPITAL GAIN ON THE BASIS OF CERTAIN MATERIAL WHICH HAS NOT BEEN CONTROVERTED BY THE ASSESSEE. UNDER SUCH CIRCUMSTANCES, I DO NOT FIND ANY WARRANT TO INTERFERE WITH TH E IMPUGNED ORDER. 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH DECEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 04 TH DECEMBER, 2018 ITA NO.1909/PUN/2017 MANDABEN ANIL BHAGAT 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, THANE 4. / THE PR. CIT-2, THANE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.1909/PUN/2017 MANDABEN ANIL BHAGAT 4 DATE 1. DRAFT DICTATED ON 04-12-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 04-12-18 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. *