Sungreen Valleys Pvt. Ltd, Rourkela V. ACIT Circle, Rourkela, Rourkela

ITA 208/CTK/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0798 (ITAT-CUTTACK)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 12-10-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 28-05-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Sale consideration of property below Jantri Value

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Sungreen Valleys Pvt Ltd., T-19, Civil Township, Rourkela. PAN/GIR No. (Appellant Per Bench This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi, 24/1052397889(1) 2. None appeared on behalf of the assesse, when the matter was called on hearing. However, an adjournment petition is placed on record to adjourn the appeal on the ground that the assessee has not prepared the submission to be filed before the Tribunal. Considering the fact that the there was no appearance by the assessee before the ld CIT(A) and appeal IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK (through virtual hearing) BEFORE S/SHRI GEORGE MATHAN, JUDICIAL RAJESH KUMAR, ACCOUNTANT MEMBER ITA No.208/CTK/2023 Assessment Year : 2016-17 Sungreen Valleys Pvt Ltd., 19, Civil Township, Vs. ACIT, Circle, Rour PAN/GIR No.AAICS 6153 M (Appellant) .. ( Respondent Assessee by : None Revenue by : Shri Charan Dass, Sr Date of Hearing : 13/10 Date of Pronouncement : 13/10 O R D E R This is an appeal filed by the assessee against the order of the ld , NFAC, Delhi, dated 27.4.2023 in Appeal No.ITBA/NFAC/S/250/2023 24/1052397889(1) for the assessment year 2016-17. None appeared on behalf of the assesse, when the matter was called on hearing. However, an adjournment petition is placed on record to adjourn the appeal on the ground that the assessee has not prepared the to be filed before the Tribunal. Considering the fact that the there was no appearance by the assessee before the ld CIT(A) and appeal Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER AND , ACCOUNTANT MEMBER ACIT, Circle, Rourkela Respondent) : Shri Charan Dass, Sr DR 10/2023 /10/2023 This is an appeal filed by the assessee against the order of the ld 27.4.2023 in Appeal No.ITBA/NFAC/S/250/2023- None appeared on behalf of the assesse, when the matter was called on hearing. However, an adjournment petition is placed on record to adjourn the appeal on the ground that the assessee has not prepared the to be filed before the Tribunal. Considering the fact that the there was no appearance by the assessee before the ld CIT(A) and appeal ITA No.208/CTK/2023 Assessment Year : 2016-17 Page2 | 3 was disposed of exparte, we reject the adjournment petition and proceed to dispose of the appeal in the absence of the assessee. 3. Shri Charan Dass, ld DR appeared on behalf of the revenue. 4. We have heard ld Sr DR and perused the record of the case. A perusal of the order of the ld CIT(A) shows that there was no response from the side of the assessee despite giving various opportunities as is evident from the impugned order. It is also noted that during the assessment proceedings, the assessee has not appeared before the Assessing Officer and the assessment has been passed exparte. The only dispute in this case is the application of section 50C. In the grounds of appeal, the assessee has agitated that the Assessing Officer without considering the factual information and submission enhanced the long term capital gain returned by the assessee, which is not correct. This fact has not been agitated either before the AO or before the ld CIT(A). In view of above, we consider it deem and fit to restore the matter back to the file of the Assessing Officer to pass denovo assessment order after considering the written submission and evidences filed on record and may be filed during the fresh proceedings after granting adequate opportunity of hearing to the assessee. The assessee is also directed to cooperate with the Assessing Officer for fresh adjudication of the issue. ITA No.208/CTK/2023 Assessment Year : 2016-17 Page3 | 3 5. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 13/10/2023. Sd/- sd/- (Rajesh Kumar) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 13/10/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Sungreen Valleys Pvt Ltd., T-19, Civil Township, Rourkela. 2. The Respondent: ACIT, Circle, Rourkela 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT-, Sambalpur 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//