SMT. JASBIR KAUR, JAIPUR V. INCOME TAX OFFICER, WARD-5(1), JAIPUR

ITA 227/JPR/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8073 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANCHAL MEENA ACIT
• Keywords: Cost of acquisition; Set aside; Capital Gains

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENC HES, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRA M SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 227/JP/2020 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR :2009-10 SMT. JASBIR KAUR 123, BRAHAMPURI SHANKAR NAGAR JAIPUR CUKE VS. ITO, WARD-5(1), JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ACBPK5017G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : NONE JKTLO DH VKSJ LS @ REVENUE BY : MS. CHANCHAL MEENA (ACIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 24/08/2020 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 24/08/2020 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-2 JAIPUR DATED 09.01.2020 FOR ASSESSMENT YEAR 2009-10 CONFIRMING THE ADDITION UNDER THE HEAD INCOME FROM CAPITAL GAINS AMOUNTIN G TO RS 11,06,536/-. 2. THE HEARING OF THE MATTER WAS SCHEDULED FOR TODA Y THROUGH VIDEO CONFERENCING IN VIEW OF THE ONGOING COVID-19 PANDEM IC SITUATION PREVAILING IN THE COUNTRY. NONE HAS APPEARED ON BEHALF OF THE ASS ESSEE. THE LD. DR DRAWN OUR REFERENCE TO THE ORDER OF LD. CIT(A) AND SUBMIT TED THAT ON AS MANY AS NINE OCCASIONS, THE ASSESSEE WAS PROVIDED REASONABL E OPPORTUNITY BY THE LD. CIT(A) BUT THE ASSESSEE HAS EITHER SOUGHT ADJOURNME NT OR HAS NOT ATTENDED TO THE APPELLATE PROCEEDINGS. IT WAS ACCORDINGLY S UBMITTED THAT MORE THAN ADEQUATE OPPORTUNITY HAS BEEN PROVIDED BY THE LD. C IT(A) AND THE MATTER HAS ITA NO. 227/JP/2020 SMT. JASBIR KAUR, JAIPUR VS. ITO, JAIPUR 2 ACCORDINGLY BEEN DECIDED BY THE LD CIT(A) AND THE S AME SHOULD THEREFORE BE CONFIRMED. 3. WE HAVE HEARD THE LD DR AND PURUSED THE MATERIA L AVAILABLE ON RECORD. WE FIND THAT THE MATTER HAS BEEN LISTED FOR HEARING ON COUPLE OF OCCASIONS BY THE LD CIT(A) AND HAS BEEN ADJOURNED FROM TIME TO T IME AT THE REQUEST OF THE AR AND ON THE LAST DATE OF HEARING, NONE HAS ATTEND ED. WE BELIEVE THAT THE ASSESSEE CANNOT SIT BACK AND RELAX MERELY BY FILING HER APPEAL AND NEEDS TO BE VIGILANT AND RESPONSIVE TO ATTEND TO THE NOTICES ISSUED BY THE APPELLATE AUTHORITIES AND NON-ATTENDING TO THE PROCEEDINGS AN D RESPONDING TO THE NOTICES CANNOT BE ENCOURAGED AS THE SAME BURDENED A ND CLOGS THE JUDICIAL SYSTEM. AT THE SAME TIME, WE FIND THAT THE AO HAS BROUGHT TO TAX INCOME ON THE SALE OF AN IMMOVEABLE PROPERTY WITHOUT EVEN ALL OWING BENEFIT OF COST OF ACQUISITION OF THE SAID PROPERTY WHICH IS A LEGITIM ATE DEDUCTION WHILE COMPUTING THE INCOME UNDER THE HEAD CAPITAL GAINS . IN THE ASSESSMENT ORDER, THE AO HAS MENTIONED ABOUT THE PURCHASE OF T HE PROPERTY BY THE ASSESSEE, THEREFORE, IT IS NOT A CASE WHERE THERE W AS NO COST OF ACQUISITION, THEREFORE, IN THE FACTS AND CIRCUMSTANCES OF THE PR ESENT CASE, THE MATTER RELATING TO COST OF ACQUISITION NEEDS TO BE EXAMINE D. FURTHER, THE ASSESSEE IN HER GROUNDS OF APPEAL TAKEN BEFORE THE LD CIT(A) HA S CONTENDED THAT THE IMPUGNED TRANSACTION HAS ALREADY BEEN DECLARED IN H ER ORIGINAL RETURN OF INCOME AND WHERE THE SAME IS FOUND TO BE CORRECT, I T IS A SETTLED POSITION THAT THE SAME TRANSACTION CANNOT BE BROUGHT TO TAX TWICE IN THE HANDS OF THE SAME ASSESSEE. WE HOWEVER NOTE THAT THERE IS NO FINDING RECORDED BY THE LD CIT(A) IN RESPECT OF BOTH THESE MATTERS AND THE MATTER HAS BEEN DECIDED BY THE LD CIT(A) SUMMARILY WITHOUT DECIDING ON MERITS. WE TH EREFORE BELIEVE THAT IN THE INTEREST OF JUSTICE AND FAIR PLAY, THE ASSESSEE DESERVES ONE MORE OPPORTUNITY TO PUT FORTH HER ARGUMENTS AND CONTENTI ONS AND WE ACCORDINGLY SET ASIDE THE MATTER TO THE FILE OF THE LD. CIT(A) TO EXAMINE THE MATTER AFRESH ITA NO. 227/JP/2020 SMT. JASBIR KAUR, JAIPUR VS. ITO, JAIPUR 3 INCLUDING THE ABOVE TWO MATTERS AFTER PROVIDING REA SONABLE OPPORTUNITY TO THE ASSESSEE. THE ASSESSEE THROUGH HER A/R IS ALSO DIR ECTED TO APPEAR BEFORE THE LD. CIT(A) AND FILE THE NECESSARY INFORMATION AND D OCUMENTATION IN SUPPORT OF HER CONTENTIONS, AS SO ADVISED AND ENSURE IN TIMELY COMPLETION OF THE PROCEEDINGS. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 24/08/2020. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 24/08/2020 * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. JASBIR KAUR, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-5(1), JAIPUR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 227/JP/2020} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR