)Rajyavardhan Singh, Indore V. ACIT,Circle 5(1), Indore

ITA 294/Ind/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4775 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 06-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Assessee Lawyers: T N UNNI; PAVITRAN NAMBIAR ARS
• Keywords: Set aside
• Section: 54F

Judgement Text

ITA NO.294 OF 2018 RAJYAWARDHAN SINGH 1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO. 294/IND/2018 A.Y. 2012-13 RAJYAVARDHAN SINGH, INDORE PAN ALWPS 3256 M :: APPELLANT VS ACIT-5(1), INDORE :: RESPONDENT ASSESSEE BY S/SHRI T.N. UNNI & PAVITRAN NAMBIAR, ARS RESPONDENT BY SMT. ASHIMA GUPTA, CIT DATE OF HEARING 14.5.2019 DATE OF PRONOUNCEMENT 15.5.2019 O R D E R PER SHRI KUL BHARAT, JM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF LD. CIT(A)-II, INDORE DATED 27.12.2017. GROUNDS OF APPEAL RELATE T O THE ISSUES OF EXEMPTION U/S 54F OF LONG TERM CAPITAL GAIN ON SALE OF RESIDE NTIAL PROPERTY AND COMPUTATION OF CAPITAL GAIN. 2. AT THE OUTSET OF THE HEARING, LD. COUNSEL FOR TH E ASSESSEE CONTENDED THAT FOR THE ASSESSMENT YEAR 2009-10 IN THE ASSESSEES O WN APPEAL BEARING ITA NO.379/IND/2014, THE IDENTICAL ISSUES INVOLVED IN T HE PRESENT APPEAL TOO, HAD ITA NO.294 OF 2018 RAJYAWARDHAN SINGH 2 BEEN DEALT WITH BY THE ITAT, INDORE AND THE INDORE BENCH HAD, VIDE ORDER DATED 23.3.2018, SET ASIDE THE ORDER OF THE LD. CIT (A) AND RESTORED BACK TO THE FILE OF THE LD. CIT(A) FOR DECISION AFRESH. ON THE OTHER HAND, THE LD. CIT/DR RELIED ON THE ORDERS OF THE REVENUE AUTHORITIES. HO WEVER, SHE DID NOT OBJECT IF THE MATTER IS RECONSIDERED BY THE LD. CIT(A). 3. CONSIDERING THE RIVAL SUBMISSIONS AND IN THE INT EREST OF JUSTICE, WE DEEM IT APPROPRIATE TO SET ASIDE THE ORDER OF THE L D. CIT(A). THE ISSUES RAISED IN THE PRESENT APPEAL ARE REMANDED BACK TO THE FILE OF THE LD. CIT(A) WITH DIRECTION TO DECIDE THE MATTER AFRESH IN THE LIGHT OF THE EARLIER ORDER OF THE TRIBUNAL (SUPRA). THE LD. CIT(A) WOULD DECIDE THE A PPEAL AFRESH IN TERMS AS INDICATED HEREINABOVE AFTER AFFORDING DUE OPPORTUNI TY OF BEING HEARD TO THE ASSESSEE AS PER LAW AND THE ASSESSEE IS ALSO DIRECT ED TO SUO MOTU TAKE THIS ORDER AND APPEAR BEFORE THE LD. CIT(A) IN THIS REGA RD. 4. IN RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES ONLY. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 15.5.2019 . SD/- ( MANISH BORAD) ACCOUNTANT MEMBER SD/- (KUL BHARAT) JUDICIAL MEMBER DATED : 15.5.2019 !VYAS! COPY TO: APPELLANT/RESPONDENT/PR.CIT(A)/PR.CIT/DR, INDORE