ANAND KUMAR GUPTA , HAZARINBAG V. ITO WARD-2(1), HAZARIBAGH

ITA 295/RAN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0436 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 22-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K MOHANTY
• Assessee Lawyers: DENESH CHANDRA AGARWAL

Judgement Text

P A G E 1 | 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 295 / RAN /201 7 ASSESSMENT YEAR : 2013 - 14 ANAND KUMAR GUPTA, SURESH COLONY, HAZARIBAG VS. ITO, WARD 2(1), AAYAKAR BHAWAN, HAZARIBAG PAN/GIR NO. (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI DENESH CHANDRA AGARWAL , ADV REVENUE BY : SHRI A.K.MOHANTY, JCIT DATE OF HEARING : 27 / 11 / 2018 DATE OF PRONOUNCEMENT : 27 / 11 / 2018 O R D E R PER N.S.SAINI, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A), HAZARIBAG , D ATED 27.9.2017 FOR THE ASSESSMENT YEAR 2013 - 14. 2. AT THE TIME OF HEARING, LD AUTHORISED REPRESENTATIVE OF THE ASSESSE FILED A PETITION DATED 27.11.2018 STATING AS UNDER: IN THIS CASE THE HONBLE ITAT HAD DISMISSED THE APPEAL FILED BY THE DEPARTMENT ON 13.8.18. THE POINTS TAKEN IN THE DEPARTMENTAL APPEA L WAS THAT THE LD CIT(A) INCOME REALTES TO ANAND KUMAR GUPTA, HUF SEEMS TO BE TRUE, THE SAME MAY BE VERIFIED BY THE AO UNJUSTIFIED. THE LD CIT(A) HAZAARIBAG PM THE BASIS OF DISMISSAL OF APPEAL BY THE HONBLE ITAT HAS DIRECTED THE AO TO CONSIDER THE SALE PROCEEDS OF LAND IN THE HANDS OF HUF AS PER PROVISIONS OF SECTION 150 IN ASSESSMENT ITA NO.295/RAN/2017 ASSESSMENT YEAR :2013 - 14 : P A G E 2 | 2 YEARS 2012 - 13 AND 2014 - 15. NO SECOND APPEAL HAS BEEN PREFERRED BY THE DEPARTMENT IN THE ASSESSMENT YEARS 2012 - 13 AND 2014 - 15. IN THIS A PPEAL FOR THE ASSESSMENT YEAR 2013 - 14 THE MAIN ISSUE WAS REGARDING CONSIDERATION OF CAPITAL GAINS IN THE HANDS OF HUF INSTEAD OF INDIVIDUAL. SINCE THE GRIEVANCE HAS BEEN REDRESSED THE PETITIONER WOULD LIKE TO WITHDRAW THIS APPEAL. 3. IN VIEW OF ABOVE, WE DISMISS THE APPEAL OF THE ASSESSE AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSE IS DISMISSED. ORDER PRONOUNCED ON 27 / 11 /2018. SD/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER RANCHI ; DATED 27 / 11 /2018 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR. PVT.SECRETARY, ITAT, RANCHI ON TOUR 1. THE APPELLANT : ANAND KUMAR GUPTA, SURESH COLONY, HAZARIBAG 2. THE RESPONDENT. ITO, WARD 2(1), AAYAKAR BHAWAN, HAZARIBAG 3. THE CIT(A) - HAZARIBAG 4. PR.CIT - HAZARIBAG 5. DR, ITAT, RANCHI 6. GUARD FILE. //TRUE COPY//