Bharti Shokeen, New Delhi V. ITO, New Delhi

ITA 5079/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6593 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 26-09-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED

Judgement Text

1 ITA NO. 5079/DEL/2016 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER I.T.A. NO. 5079/DEL/20 16 (A.Y. 2009-10) BHARTI SHOKEEN A-99, KRISHNA MAHAL CHHAWLA VILLAGE V & PO CHHAWLA NEW DELHI-110071 PAN : AXMPS8326H (APPELLANT) VS . ITO WARD-43(3) NEW DELHI (RESPONDENT) ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 21.07.2016 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-15, NEW DELHI FOR ASSESSMENT YEAR 2009-10. 2. THE GROUNDS OF APPEAL ARE AS UNDER: 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN THE CASE AND IN THE LAW, THE CIT(A) HAS GROSSLY ERRED IN CONFIRM ING THE ADDITION AS MADE BY THE ASSESSING OFFICER (AO) ON ACCOUNT OF LONG TER M CAPITAL GAIN FROM SALE OF AGRICULTURAL LAND OF RS. 4,54,78,190/-. 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE LAW, THE CIT(A) HAS ERRED IN CONFIRMING THE ADDITION ON ACCOUNT OF INTEREST INCOME OF RS. 1,57,606/-. THAT THE APPELLANT CRAVES LEAVE TO ADD TO AND / OR AMEND, MODIFY OR APPELLANT BY SH. MANU K. GIRI, ADV. RESPONDENT BY SMT. RINKU SINGH, SR.DR DATE OF HEARING 01.08.2019 DATE OF PRONOUNCEMENT 02.08.2019 2 ITA NO. 5079/DEL/2016 WITHDRAW THE GROUNDS OUTLINED ABOVE BEFORE OR AT TH E TIME OF HEARING OF THE APPEAL. 3. THE ASSESSEE FILED RETURN OF INCOME FOR THE A.Y. 20 09-2010 ON 18.03.2015. SUBSEQUENTLY, IN ACCORDANCE WITH THE ST ATUTORY REQUIREMENT, PHYSICAL COPY OF THE SAID INCOME TAX RETURN ALONG W ITH AUDITED ACCOUNTS OF THE COMPANY, STATEMENT OF INCOME, COPIES EVIDENCING PAY MENT OF CHARGEABLE TAXES DULY PAID WERE SUBMITTED ALONG WITH ALL OTHER NECES SARY DETAILS & DOCUMENTS AS DESIRED BY THE ASSESSING OFFICER FROM TIME TO TI ME, DURING THE COURSE OF ASSESSMENT PROCEEDINGS BEFORE THE ASSESSING OFFICER . THE ASSESSMENT ORDER WAS PASSED BY THE ASSESSING OFFICER ON 23.03.2015 U /S 143/148 OF THE INCOME TAX ACT WHICH WAS RECEIVED BY THE ASSESSEE ON 26.03 .2015. THE ASSESSING OFFICER MADE ADDITION OF RS. 4,54,78,190/- BEING TH E AMOUNT OF LONG TERM CAPITAL GAIN ON SALE OF AGRICULTURE LAND AND RS. 1, 57,608/- AS INTEREST INCOME, THEREBY TOTAL INCOME WAS ASSESSED AT RS. 4,62,04,00 3/-. 4. BEING AGGRIEVED BY THE ASSESSMENT ORDER THE ASSE SSEE FILED APPEAL BEFORE THE CIT(A). THE CIT(A) DISMISS THE APPEAL OF THE AS SESSEE. 5. THE LD. AR SUBMITTED THAT THE RELATIVE / SISTER OF THE ASSESSEE HAS BEEN GRANTED SIMILAR BENEFIT BY THE TRIBUNAL ON THE SAME ISSUE AND THE MATTER WAS REMANDED BACK TO THE CIT(A) AS THE ORDER IS EX-PART E. THEREFORE, THE LD.AR REQUESTED THAT THIS MATTER ALSO BE REMANDED BACK TO THE FILE OF THE CIT(A). 6. THE LD. DR DID NOT HAVE ANY OBJECTION AS THE ORD ER PASSED BY THE CIT(A) IS EX-PARTE. 7. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL T HE RELEVANT MATERIAL AVAILABLE ON RECORD. SINCE THE CIT(A) HAS NOT DEALT THE MATTER ON MERIT AND PASSED EX-PARTE ORDER, IT WILL BE APPROPRIATE TO RE MAND BACK THIS MATTER TO THE FILE OF THE CIT(A) TO DECIDE THE ISSUES INVOLVED HE REIN ON MERIT AND AFTER GIVING 3 ITA NO. 5079/DEL/2016 PROPER HEARING TO THE ASSESSEE. NEEDLESS TO SAY, TH E ASSESSEE BE GIVEN OPPORTUNITY OF HEARING BY FOLLOWING PRINCIPLE OF NA TURAL JUSTICE. THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURP OSE. 8. IN RESULT APPEAL OF THE ASSESSEE IS PARTLY ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND AUGUST, 2019 . SD/- SD/- (N. K. BILLAIYA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 02/08/2019 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. 5079/DEL/2016 DATE OF DICTATION 01.08.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 01.08.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK