MAHENDRA KISHORE KHATAU, MUMBAI V. DCIT 6(1), MUMBAI

ITA 5170/MUM/2015

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7450 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 03-11-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Keywords: Deduction for capital gain
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/ SHRI R.C. SHARMA ( A M) & RAVISH SOOD ( J M) I.T.A. NO. 5170 /MUM/20 15 (ASSESSMENT YEAR 20 10 - 11 ) MAHENDRA KISHORE KHATAU 410/411, KHATAU HOUSE MOGUL LANE, MAHIM WEST MUMBAI - 400 016. PAN : AADP K4726G VS. DCIT - 6(1) ROOM NO. 506 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI NITESH JOSHI DEPARTMENT BY S HRI SUMAN KUMAR DATE OF HEARING 24 . 4 . 201 8 DATE OF PRONOUNCEMENT 25 . 4 . 201 8 O R D E R PER R.C. SHARMA (J M) : - THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE EX - PARTE ORDER OF THE LEARNED CIT(A) FOR A.Y. 2010 - 11, IN THE MATTER OF ORDER PASSED U/S. 143(3) OF THE ACT. 2. IT WAS ARGUED BY LEARNED AR THAT DURING THE COURSE OF APPELLATE P ROCEEDINGS, THE ASSESSEE HAS FILED CERTIFICATE FROM THE GROUP GRAMPANCHAYAT KHANIWADE TO SUPPORT THE CLAIM OF THE ASSESSEE FOR GETTING TH E EXEMPTION UNDER CAPITAL GAINS , HOWEVER, THE LEARNED CIT(A) HAS NOT CONSIDER ED THE SAME. 3. ON THE OTHER HAND, LEARN ED DR RELIED ON THE ORDER OF THE LOWER AUTHORITIES. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS, CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND FROM THE RECORD THAT THE APPEAL WAS FILED BEFORE THE LEARNED CIT(A) ON 16.4.2013. THEREAF TER THE CASE WAS FIXED FOR HEARING AND NOTICES WERE ISSUED TO LEARNED AR OF THE ASSESSEE . A S PER OBSERVATION OF LEARNED CIT(A) AT PARAGRAPH 3 & 4. BEFORE THE LEARNED CIT(A), THE ASSESSEE HAS ALLEGED DENYING CLAIM OF EXEMPTION IN RESPECT OF CAPITAL GAIN MAHENDRA KISHORE KHATAU 2 ARI SEN ON SALE OF AGRICULTURAL LAND U/S. 10(1) READ WITH SECTION 2(14)(III) OF THE ACT. THE ASSESSEE IS ALSO AGGRIEVED FOR DISALLOWANCE U/S. 36(1)(III) OF THE ACT. 5. FROM THE ORDER OF THE LEARNED CIT(A), IT APPEARS THAT THE ASSESSEE HAS ASKED FOR ADJOURNME NT BUT THE SAME WAS NOT GRANTED , AND APPEAL WAS DECIDED EX - PARTE, K EEPING IN VIEW SUBSTANTIAL INTEREST OF JUSTICE, WE SET ASIDE THE EX - PARTE ORDER OF CIT(A) AND RESTORE THE MATTER BACK TO THE FILE OF THE LEARNED CIT(A) FOR DECIDING THE MATTER AFRE SH ON MERIT AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE. WE ALSO DIRECT THE ASSESSEE TO APPEAR BEFORE THE LEARNED CIT(A) WITHIN THE PERIOD OF SIXTY DAYS FROM THE DATE OF RECEIPT OF THIS ORDER. WE DIRECT ACCORDINGLY. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED IN PART FOR STATISTICAL PURPOSES. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 25 . 4 .201 8 . SD/ - SD/ - (RAVISH SOOD ) ( R.C. SHARMA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUM BAI ; DATED : 25 / 0 4 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR P RIVATE S ECRETARY ) ITAT, MUMBAI