Mrs. Gita Sudde Surie, Jamshedpur V. ITO, Jamshedpur

ITA 36/RAN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8823 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 25-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH , RANCHI BEFORE S H RI J. S UDHAKAR REDDY , A CCOUNTANT M EMBER AND SHRI S.S. V ISWANETHRA RAVI , J UDICIAL M EMBER I.T.A. NO. 36/RAN/2016 ASSESSMENT YEAR: 2011 - 12 MRS. GITA SUDDE SURIE ............................APPELLANT 20, PARK ROAD, NORTHERN TOWN, BISTUPUR, JAMSHEDPUR - 831 001. [PAN: CUDPS 9942 Q ] INCOME TAX OFFICER .......................................... ................. RESPONDENT WARD NO. 1(4), JAMSHEDPUR. APPEARANCES BY: SHRI DEVESH PODDAR , ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI P.K. MONDAL , JCIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 23 , 2018 DATE OF PRONOUNCING THE ORDER : FEBRUARY 28 , 2018 ORDER PER J. SUDHAKAR REDDY, AM THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) JAMSHEDPUR DATED 27.11.2015 FOR THE ASSESSMENT YEAR 2011 - 12. 2. THE ASSESSEE IS AN INDIVIDUAL. SHE IS A CITIZEN OF USA. SHE SOLD IMMOVABLE PROPERTY ALONG WITH CO - OWNERS BY WAY OF EXECUTION OF A SALE DEED ON 17.05.2010. 3. THE ENTIRE SALE PROCEED S WERE INVESTED IN THE BONDS OF NATIONAL HIGHWAY AUTHORITY AND EXEMPTION WAS CLAIMED UNDER SECTION 54EC OF THE INCOME TAX ACT. THE ASSESSING OFFICER FOUND THAT THE ASSESSEE HAD ENTERED INTO AN AGREEMENT OF SALE ON 5 TH MARCH, 2010 AND HAD RECEIVED THE ENTIRE CONSIDERATION AND HANDED OVER POSSESSION OF THE 2 I.T.A. NOS. 36/RAN/2016 ASSESSMENT YEAR: 2011 - 12 MRS. GITA SUDDE SURIE PROPERTY ON THAT DATE. THUS HE WAS OF THE OPINION THAT THERE WAS PART PERFORMANCE OF THE CONTRACT AND CONSEQUENTLY THE DATE OF TRANSFER WAS 5 TH MARCH, 2010 AS POSSESSION WAS HANDED OVER BY THE ASSESSEE ON THAT DATE AFTER RECEIVING FULL CONSIDERATION . AS THE INVESTMENT IN NATIONAL HIGHWAY AUTHORITY OF INDIA BONDS WAS MADE ON 08.10.2010 WHICH IS BEYOND 6 MONTHS FROM THE DATE OF TRANSFER, THE LEARNE D ASSESSING OFF ICER DENIED EXEMPTION UNDER 54E C OF THE ACT. ON APPEAL, THE FIRST APPELLATE AUTHORITY AGRE ED WITH THE A.O. FURTHER, AG G RIEVED THE ASSESSEE IS BEFORE US. 4 . AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE CONCLUSION OF THE REVENUE AUTHORITIES IS THAT THE DATE OF TRANSFER OF PROPERTY IS 5 TH MARCH, 2010, AS PER THE DEFINITION OF TRANSFER UNDER SECTION 2(47)(V) OF THE ACT. IF SO THE ASSESSMENT YEAR OF TAXABILITY OF THIS CAPITAL GAIN WOULD BE ASSESSMENT YEAR 2010 - 11 AND NOT ASSE SSMENT YEAR 2011 - 12. AS THIS IS JURISDICTIONAL ISSUE AND AS THE INCOME ITSELF IS NOT TAXABLE IN THIS PARTICULAR ASSESSMENT YEAR, WE HAVE TO NECESSARILY HOLD THAT THE ASSESSMENT ORDER DETERMINING CAPITAL GAIN DURING THE YEAR IS BAD IN LAW. HENCE THE SAME IS DELETED. HENCE WE NEED NOT GO INTO THE ISSUE OF EXEMPTION U/S 54EC OF THE ACT. 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH FEBRUARY, 2018 . SD/ - SD/ - S.S. VISWANETHRA RAVI J. SUDHAKAR REDDY JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 /0 2 /2018 3 I.T.A. NOS. 36/RAN/2016 ASSESSMENT YEAR: 2011 - 12 MRS. GITA SUDDE SURIE BISWAJIT , SR. PS COPY OF ORDER FORWARDED TO: 1 . MRS. GITA SUDDE SURIE, 20, PARK ROAD, NORTHERN TOWN, BISTUPUR, JAMSHEDPUR 831 001. 2 . ITO, WARD 1(4), JAMSHEDPUR. 3 . THE CIT(A) 4 . THE CIT 5 . DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, RANCHI