DIPTI LALWANI MATHARU, Pune V. Income Tax Officer (IT), Ward-3, Pune, Pune

ITA 215/PUN/2023

AI Insights

The case involves Dipti Lalwani Matharu, who appealed against the final assessment order for the assessment year 2019-20, which disallowed her claim for the indexed cost of improvement on a property. The Tribunal found the appeal to be time-barred by 255 days but accepted the reasons for the delay as satisfactory, thus admitting the appeal for disposal on merits. The primary contention was the disallowance of Rs.9,17,560 for the indexed cost of improvement, which was rejected based on a similar prior case involving her husband, Yashpalsingh Surindersingh Matharu. Additionally, the assessee sought a proportionate increase in the exemption under section 54F, which was also addressed by the Tribunal directing the Assessing Officer to verify and allow the deduction accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137845 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-04-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 10-04-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 20-02-2023
• Other Referred Cases: Shri Yashpalsingh Surindersingh Matharu (in ITA No.613/PUN/2022)
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘C’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं. / ITA No.215/PUN/2023 नधा रण वष / Assessment Year : 2019-20 Dipti Lalwani Matharu, C/o. Harjeet Singh Matharu, C-603, Gold Coast, Ivory Estates, Next to Hotel Green Park, Baner Road, Pune 411 021 Maharashtra PAN : EHFPM0722M Vs. ITO (International Taxation), Ward-3, Pune Appellant Respondent आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM: This appeal by the assessee is directed against the final assessment order dated 12-04-2022 passed by the Assessing Officer (AO) u/s.143(3) read with section 144C(13) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2019-20. 2. The appeal is time barred by 255 days. The assessee has filed an affidavit explaining the reasons for the delay. We are satisfied Assessee by Shri Sanket Joshi Revenue by Shri Shivraj Morey, CIT-DR Date of hearing 11-04-2023 Date of pronouncement 11-04-2023 ITA No.215/PUN/2023 Dipti Lalwani Matharu 2 with the reasons so stated. The delay is condoned and the appeal is admitted for disposal on merits. 3. The assessee is aggrieved by the addition of Rs.9,17,560/- towards disallowance of the claim of indexed cost of improvement. Having heard the rival submissions and gone through the relevant material on record, it is seen that the asseesee is wife of Shri Yashpalsingh Surindersingh Matharu, who is a co-owner of the property subjected to transfer during the year under consideration. A separate appeal in the case of Shri Yashpalsingh Surindersingh Matharu (in ITA No.613/PUN/2022) came up for hearing before the bench simultaneously with the instant appeal. An order has been passed in that case dismissing the claim of the assessee towards indexed cost of improvement. Both the sides are agreeable that the facts and circumstances of this appeal are similar. Following the view taken in the appeal of Shri Yashpalsingh Surindersingh Matharu, we reject the assessee’s claim for indexed cost of improvement. 4. The assessee herein has also raised an alternate ground for allowing proportionate increase in the exemption u/s.54F. This issue was also raised by the assesee’s husband and the Tribunal in the said order has given suitable direction to the AO for examining the claim and allowing the proportionate deduction after due ITA No.215/PUN/2023 Dipti Lalwani Matharu 3 verification. Following the same, we direct the AO accordingly. 5. In the result, the appeal is partly allowed for statistical purposes. Order pronounced in the Open Court on 11 th April, 2023. Sd/- Sd/- (R.S.SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; िदनांक Dated : 11 th April, 2023 सतीश आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. थ / The respondent 3. The Pr.CIT concerned 4. DR, ITAT, ‘C’ Bench, Pune 5. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No.215/PUN/2023 Dipti Lalwani Matharu 4 Date 1. Draft dictated on 11-04-2023 Sr.PS 2. Draft placed before author 11-04-2023 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. *