ARABIA BEEVI, KUTTALAM V. ITO WARD-2, KUMBAKONAM

ITA 581/CHNY/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1063 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 25-09-2022
• Assessment Year: 2007-2008
• Appeal Filed On: 19-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K.N.DHANDAPANI
• Keywords: Sale consideration of property below Jantri Value; Capital asset; Set aside
• Section: 148; 143(3); 50C

Judgement Text

आयकर अपीलीय अिधकरण, ’बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. No.581/Chny/2020 िनधाŊरण वषŊ/Assessment Year: 2007-08 Smt. Arabia Beevi, 4/39, Thaikkal Pattakar Street, Therzhandur 609 808 Kuttalam Taluk. [PAN:BPSPA0967E] Vs. The Income Tax Officer, Ward 2, Kumbakonam. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : None ŮȑथŎ की ओर से/Respondent by : Shri K.N. Dhandapani, Addl. CIT सुनवाई की तारीख/ Date of hearing : 26.09.2022 घोषणा की तारीख /Date of Pronouncement : 12.10.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 1, Trichy, dated 18.01.2019 relevant to the assessment year 2007-08. 2. The appeal filed by the assessee is delayed by 360 days in filing the appeal before the Tribunal. The assessee has filed a condonation petition to condone the delay. Since the assessee was prevented by sufficient cause and the ld. DR has not made any serious objections, I.T.A. No. 581/Chny/20 2 the delay in filing of the appeal stands condoned and admitted the appeal for adjudication. 3. In this case, as per the information with the Department, during the previous year relevant to the assessment year 2007-08, the assessee has sold an immovable property, which was a capital asset liable for capital gain tax, by way of a registered sale document No. 1470/2006 dated 20.09.2006 for a sale consideration of ₹.27 lakhs as against the guideline value of ₹.74,42,000/-. As the assessee did not file return of income for the assessment year 2007-08 and the above sale transaction attracts the provisions of section 50C of the Income Tax Act, 1961 [“Act” in short], a notice under section 148 of the Act dated 14.03.2014 was issued to the assessee calling for return of income. After following due procedure and considering the submissions of the AR of the assessee, the Assessing Officer has completed the assessment under section 143(3) r.w.s. 147 of the Act dated 16.03.2015 by assessing total income of the assessee at ₹.37,47,060/- after making various additions. On appeal, the ld. CIT(A) dismissed the appeal filed by the assessee by confirming the assessment order. I.T.A. No. 581/Chny/20 3 4. On being aggrieved, the assessee is in appeal before the Tribunal. None appeared on behalf of the assessee despite service of notice through RPAD on record. Hence, we proceed to decide the appeal after hearing the ld. DR. 5. We have heard the ld. DR, perused the materials available on record and gone through the orders of authorities below. Against the assessment order, the assessee preferred an appeal before the ld. CIT(A). By raising specific ground in the grounds of appeal, the assessee has contended that the ld. CIT(A) passed the order without giving sufficient opportunity to the assessee. It was also submitted in the grounds of appeal that the ld. CIT(A) passed the order in a hasty manner without considering the written submission made vide letter dated 14.01.2019 by the assessee. However, we do not find any details in the appellate order about the filing of written submissions by the assessee. Accordingly, we set aside the order of the ld. CIT(A) and remit the matter back to the file of the ld. CIT(A) to decide the issue afresh on merits in accordance with law after affording an opportunity of being heard to the assessee. The assessee is also directed to appear before the ld. CIT(A) and furnish complete details for I.T.A. No. 581/Chny/20 4 adjudication. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 12 th October, 2022 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 12.10.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.