Sh. Sohan Lal, Fatehabad V. ITO, Fatehabad

ITA 5404/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5249 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 17-10-2016
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI G BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 5404/DEL/2016 [A.YS 2009-10] SHRI SOHAN LAL VS. THE I.T.O S/O SHRI MALIK DITTA WARD 2 C/O M/S KISSAN AGRO PROPERTIES FATEHABAD KHEMA KHATTI ROAD OPP. THAKKAR HOSPITAL FATEHABAD PAN NO: ALPPL 3767 K [APPELLANT] [RESPONDENT] DATE OF HEARING : 19.02.2020 DATE OF PRONOUNCEMENT : 20.02.2020 ASSESSEE BY : SHRI SHIVANSH PANDYA, ADV. REVENUE BY : SHRI H. K. CHAUDHARY, CIT-DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), HISSAR DATED 08.08.2016 PERTAINING TO ASSESSMENT YEAR 2009-10. 2 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN ADOPTING THE FAIR MARKET VALUE AS ON 01.04.1981 OF THE SAID LAND AT RS. 5,760/- AND FURTHER ERRED IN DENYING CLAIM OF EXEMPTION/DEDUCTION U/S 54B/54F OF THE INCOME TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT]. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESSEE JOINTLY OWNED CERTAIN AGRICULTURAL LAND WITH HIS THREE BROTHERS AND TWO SISTERS, NAMELY, S/SHRI KARAM CHAND, DHARAM CHAND, PREM CHAND, MAYA DEVI AND KAUSHALYA DEVI MEASURING 106/KANALS 18 MARLAS I.E.,13.26 ACRES AT BHIVA BASTI, FATEHABAD. THE ASSESSEE'S SHARE IN THIS LAND WAS AS UNDER : A) ASSESSEES SHARE IN THIS LAND WAS 1/4 TH IN THE LAND MEASURING 57 KANALS 18 MARLAS I.E. 7.13 ACRES AT BHIVA BASTI, FATEHABAD, JOINTLY OWNED BY THE ASSESSEE WITH S/SHRI KARAM CHAND, DHARAM CHAND AND PREM CHAND. B) 1 /6 TH SHARE IN THE LAND MEASURING 49 KANALS I.E. 6.13 ACRES AT BHIVA BASTI, FATEHABAD, JOINTLY OWNED BY THE ASSESSEE WITH THE THREE BOTHERS NAMELY S/SHRI KARAM CHAND, DHARAM CHAND & PREM CHAND AND TWO SISTERS NAMELY SMT. KAUSHALYA DEVI AND SMT. MAYA DEVI 3 4. THE ASSESSING OFFICER TREATED THE AFORESAID LAND AS CAPITAL ASSET HOLDING THAT THE LAND IS SITUATED WITHIN THE MUNICIPAL LIMITS. 5. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT IN THE CASE OF THE CO-OWNERS, THE QUARREL TRAVELLED UPTO THE TRIBUNAL AND THE TRIBUNAL, IN THE CASE OF KAUSHALYA DEVI IN ITA NO. 5399/DEL/2016 AND MAYA DEVI IN ITA NO. 5403/DEL/2016 HAD THE OCCASION TO CONSIDER ADDITIONAL EVIDENCES AND HELD AS UNDER: SINCE THE ADDITIONAL EVIDENCES FILED BEFORE ME GO TO THE ROOT OF THE MATTER, THEREFORE, AFTER ADMITTING THE ADDITIONAL EVIDENCES SO FILED, I DEEM IT APPROPRIATE TO RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO ADJUDICATE THE ISSUE AFRESH IN THE LIGHT OF THE ADDITIONAL EVIDENCES FILED AND IN THE LIGHT OF THE DECISION OF THE TRIBUNAL IN CASE OF VIRENDRA SINGH (SUPRA). NEEDLESS TO SAY, THE ASSESSING OFFICER SHALL GIVE DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND DECIDE THE ISSUE AS PER FACT AND LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 6. SIMILAR VIEW WAS TAKEN IN THE CASE OF SHRI KARAM CHAND ITA NO. 5401/DEL/2016. 4 7. BEFORE US, ALSO, THE LD. COUNSEL FOR THE ASSESSEE FILED SIMILAR ADDITIONAL EVIDENCES. THEREFORE, IN THE LIGHT OF DECISIONS OF THE CO- ORDINATE BENCH, WE RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH SIMILAR DIRECTIONS AS GIVEN IN THE CASES OF CO-OWNERS [SUPRA]. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE AS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 20.02.2020. SD/- SD/- [SUCHITRA KAMBLE] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20 TH FEBRUARY, 2020 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 5 DATE OF DICTATION 1 9 . 0 2 . 2 0 2 0 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 0 . 0 2 . 2 0 2 0 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 20.02.2020 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 20.02.2020 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 20.02.2020 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS 2 0 . 0 2 . 2 0 2 0 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 20.02.2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 20.02.2020 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER