AMIT KUMAR SARAF , KOLKATA V. ITO WARD-3(1) , BOKARO

ITA 296/RAN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9515 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 23-11-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGHMARR J
• Keywords: Capital asset
• Section: 143(3); 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NO.296/RAN/2017 ASSESSMENT YEAR: 2014-15 AMIT KUMAR SARAF C/O R.K. DOSHI & ASSOCIATES, EASTERN BUILDING, 1 ST FLOOR, 19, R.N. MUKHERJEE ROAD, KOL-1. VS. ITO, WD-3(1), BOKARO PAN/GIR NO. : ASFPS4134E ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SMT. NISHA SINGHMARR, JCIT(DR) DATE OF HEARING 03.03.2020 DATE OF PRONOUNCEMENT 03.03.2020 O R D E R S. S. GODARA(ORAL): THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), HAZARIBAG, JHARKHAND DATED 20.06.2017 PASSED IN CASE NO.10076/HZN/2016-17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). CASE CALLED TWICE. THE ASSESSEE HAS FILED HIS ADJOURNMENT PETITION DATED 28.03.2020. THERE IS NOBODY TO PURSUE THE SAME, I PROCEED EX PARTE THEREFORE. 2. IT TRANSPIRES FROM A PERUSAL OF THE CASE FILE AND WITH THE ABLE ASSISTANCE OF THE LEARNED DEPARTMENTAL REPRESENTATIVE THAT THE DISPUTE BETWEEN THE PARTIES HEREIN IS ABOUT THE NATURE OF CAPITAL ASSETS SOLD. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THAT THE CIT(A)S LOWER APPELLATE DISCUSSION HAS NOT TAKEN INTO CONSIDERATION THE RELEVANT DOCUMENTS/MATERIALS IN THE SALE DEED AS TO WHETHER THE SAME INVOLVED A RESIDENTIAL HOUSE PROPERTY OR A PART OF LAND PER SE. I THEREFORE DEEM IT APPROPRIATE TO RESTORE THE INSTANT ISSUE BACK TO THE CIT(A) FOR PROPER ADJUDICATION. ALL OTHER REMAINING ISSUES SHALL ALSO BE CONSIDERED AND ADJUDICATED AS PER LAW SINCE INCIDENTAL TO THE FOREGOING SECTION 54F DEDUCTION CLAIM ONLY. I.T.A NO.296/RAN/2017 AMIT KUMAR SARAF 2 4. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 03.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 03.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)