Bhagwan Dass Jassal, Amb V. Income Tax Officer, Una

ITA 212/CHANDI/2024

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 5541 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-08-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 01-03-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Sale consideration of property below Jantri Value
• Section: 148; 50C; 250

Judgement Text

आयकर अपीलȣय अͬधकरण,चÖडीगढ़ Ûयायपीठ, चÖडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH, ‘B’, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 212/CHD/2024 Ǔनधा[रण वष[ / Assessment Year : 2012-13 Bhagwan Dass Jassal, Partap Nagar, Amb Distt. Una Himachal Pradesh 177202 Vs. बनाम The ITO, Una, H.P. èथायी लेखा सं./PAN No: ACAPJ8623J अपीलाथȸ/ APPELLANT Ĥ×यथȸ/ REPSONDENT ( HYBRID HEARING ) Ǔनधा[ǐरती कȧ ओर से/Assessee by : Shri Ashwani Kumar, CA राजèव कȧ ओर से/ Revenue by : Shri Danish Abdullah, JCIT, Sr. DR स ु नवाई कȧ तारȣख/Date of Hearing : 19.08.2024 उदघोषणा कȧ तारȣख/Date of Pronouncement : 20.08.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The appeal in this case has been filed by the Assessee against the order dated 05.01.2024 of the Addl. / JCIT Commissioner of Income Tax (A)-9 , Mumbai. 2. Grounds of appeal taken by the Assessee are as under: - 1. That order passed u/s 250 of the Income Tax Act, 1961 by the Learned Joint Commissioner of 212-Chd-2024 Bhagwan Dass Jassal, Amb 2 Income Tax (Appeals)-9, Mumbai is against law and facts on the file in as much the Learned JCIT (Appeals) was not justified to decide the appeal ex-parte. 2. That the Learned JCIT (Appeals) was not justified to uphold the action of the Learned Assessing Officer in making an addition of Rs. 15,12,112/- on account of long-term capital gain by resort to provisions of Section 50C of the Income Tax Act, 1961. 3. That the very action of the Learned Assessing Officer in resorting to provisions of Section 148 is bad in law. 3. At the very outset, the ld. Counsel of the Assessee submitted that it is an ex-parte order passed by the ld. Addl. / JCIT (Appeals)-9, Mumbai. During the proceedings before the ld. CIT(A), the Assessee did not file submissions nor anybody appeared on behalf of the Assessee. Although the CIT(A) has passed the appeal order on the basis of facts and material available on record as provided by the Assessing Officer still then Counsel of the Assessee requested that since the Assessee could not file any submissions before the ld. CIT(A) in its favour, therefore, the matter may kindly be restored back to CIT(A) for fresh adjudication. 4. The ld. DR relied on the order of the CIT(A). 212-Chd-2024 Bhagwan Dass Jassal, Amb 3 5. We have considered the request of the ld. Counsel of the Assessee in the proceedings before us and keeping in view the element of natural justice, the matter is remitted to the file of the CIT(A), to be decided afresh on merit, in accordance with law, on affording due and adequate opportunity of hearing to the Assessee. The Assessee, no doubt, shall cooperate in the fresh proceedings before the CIT(A). All pleas available under the law shall remain so available to the assessee. Ordered accordingly. 6. In the result, appeal is allowed for statistical purposes. Order pronounced on 20.08.2024. Sd/- Sd/- ( SANJAY GARG ) ( KRINWANT SAHAY ) Judicial Member Accountant Member “आर.के.” आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the order forwarded to : 1. अपीलाथȸ/ The Appellant 2. Ĥ×यथȸ/ The Respondent 3. आयकर आय ु Èत/ CIT 4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय आͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH 5. गाड[ फाईल/ Guard File आदेशान ु सार/ By order, सहायक पंजीकार/ Assistant Registrar