Sri Vijay Shankar Prasad , Hazaribagh V. ITO WARD-2(2), HAZARIBAGH

ITA 208/RAN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9516 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 30-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGHMARR J
• Keywords: Capital asset; Capital Gains
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NO.208/RAN/2017 ASSESSMENT YEAR: 2012-13 VIJAY SHANKAR PRASAD NAGWAN, BARIYATH, HAZARIBAG. VS. ITO-2(2), HAZARIBAG PAN/GIR NO. : ATIPP1259R ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SMT. NISHA SINGHMARR, JCIT(DR) DATE OF HEARING 03.03.2020 DATE OF PRONOUNCEMENT 03.03.2020 O R D E R S. S. GODARA(ORAL): THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), HAZARIBAGH, JHARKHAND DATED 12.06.2017 PASSED IN CASE NO.64/HZB/2015-16 INVOLVING PROCEEDINGS U/S 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. THE REGISTRY HAS ALREADY SENT AN RPAD NOTICE TO THE ASSESSEE DATED 12.02.20. I ACCORDINGLY PROCEED EX PARTE. 2. I NOTICE WITH REVENUES ABLE ASSISTANCE THAT THE ASSESSEE HAS CLAIMED THE LAND IN QUESTION TREATED AS CAPITAL ASSET TO BE AGRICULTURAL AND NOT ATTRACTING CAPITAL GAINS TAX. HE ALSO APPEARS TO HAVE FILED CERTIFICATE OF THE LOCAL AUTHORITY(IES) AS WELL PRIMA FACIE INDICATING THE VERY FACTUAL POSITION. HIS FURTHER CASE WAS THAT THIS LAND IS SITUATED WITHIN 8 KILOMETRES OF A MUNICIPALITY CANTONMENT OR BOARD U/S 2(14)(III) OF THE ACT . ALL THESE CRUCIAL FACTUAL ASPECTS; IN MY OPINION, DESERVE TO BE CONSIDERED AFRESH BY THE CIT(A). I THEREFORE RESTORE I.T.A NO.208/RAN/2017 VIJAY SHANKAR PRASAD 2 THE INSTANT LIS BACK TO THE CIT(A) FOR HIS AFRESH DECISION WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING AS PER LAW. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 03.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 03.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)