Vijay Pal, Meerut V. ITO, Ward- 2(4), Meerut

ITA 668/DEL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5908 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 29-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R MISHRA
• Assessee Lawyers: V K GOEL
• Keywords: Opportunity of being heard; Cost of acquisition
• Section: 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO . 668 /DEL/ 20 1 8 ASSESSMENT YEAR: 20 09 - 10 SH. VIJAY PAL 747, SOTI GANJ, MEERUT PAN: BMTPP2792Q VS. ITO, WARD - 2(4) MEERUT ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SH. V.K. GOEL, AR DEPARTMENT BY : SH. B.R. MISHRA, SR. DR DATE OF HEARING : 20 .0 6 . 201 8 DATE OF PRONOUNCEMENT : 21 . 0 6 . 201 8 ORDER PER R.S. SYAL, VP: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED CIT( A) , MEERUT ON 13.12.2017 IN RELATION TO ASSESSMENT YEAR 20 09 - 10 . 2. GROUND NOS. 1 AND 3 CONCERNING THE COST OF ACQUISITION TAKEN BY THE ASSESSING OFFICER AT RS. 170 PER SQ. YD. AS AGAINST THE ASSESSEE S DECLARED ITA NO. 668 /DEL/201 8 2 COST OF ACQUISITION AT RS. 150 PER SQ. YD. W ERE NOT PRESSED. THE SAME , THEREFORE , STAND DISMISSED. 3. GROUND NO. 2 IS AGAINST THE ADDITION OF RS. 4,15,830/ - ADDED TWICE. BRIEFLY STATED FACTS OF THIS GROUND ARE THAT THE ASSESSEE DECLARED TOTAL INCOME OF RS. 5 , 5 1,690 / - . A COPY OF COMPUTATION INCOME HAS BEEN INCORPORATED ON PAGE 2 OF THE ASSESSMENT ORDER. IN SUCH COMPUTATION OF INCOME, THE ASSESSEE DECLARED INCOME FROM `C APITAL GAINS AT RS.4 , 15 , 830/ - . THE LEARNED AR CONTENDED THAT THIS INCOME OF RS.4 , 15 , 830/ - HAS BEEN TAKEN TWICE BY THE ASSESSING OFFICER IN THE COMPUTATION OF TOTAL INCOME. THE ASSESSING OFFICER IS DIRECTED TO VERIFY THE ASSESSEE S CONTENTION IN THIS REGARD AND ALLOW THE NECESSARY RELIEF. 4. THE ONLY OTHER GROUND WHICH SURVIVES IS AGAINST DENIA L OF REBATE UNDER SECTION 54F AMOUNTING TO RS. 24,50,000/ - . THE ASSESSEE, IN THE COMPUTATION OF INCOME UNDER THE HEAD C APITAL GAIN S CLAIMED EXEMPTION UNDER SECTION 54F FOR A SUM OF RS. 24 ,50,000/ - ON ACCOUNT OF `C ONSTRUCTION OF HOUSE . THE ASSESSING OFFICER DID NOT ALLOW SUCH EXEMPTION AS THE ASSESSEE COULD NOT SUBSTANTIATE THIS CLAIM. THE ASSESSEE CONTENDED BEFORE THE LEARNED CIT(A) ITA NO. 668 /DEL/201 8 3 THAT HE CONSTRUCTED A RESIDENTIAL HOUSE IN AN EARLIER YEAR ON WHICH A SUM OF RS. 24 ,50,000/ - WAS SPENT . I N SUPPORT OF SUCH A CLAIM, THE ASSESSEE FILED A A COPY OF A REPORT OF REGISTERED VALUER. IN THE ABSENCE OF THE ASSESSEE FILING ANY SANCTION PLAN OR DESIGN OF THE ALLEGED CONSTRUCTION OF HOUSE OR BILLS OF PURCHASE OF MATERIAL OR LABOUR ETC., THE LEARNED CIT (A) DENIED SUCH BENEFIT , AGAINST WHICH THE ASSESSEE HAS COME UP IN APPEAL BEFORE THE TRIBUNAL. 5. HAVING HEARD BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL ON RECORD, IT IS SEEN THAT THE ASSESSEE SUPPORTED ITS CLAIM UNDER SECTION 54F S IMPLY ON THE BASIS OF THE REPORT OF A REGISTERED VALUER. APART FROM THAT , NO OTHER EVIDENCE WAS FILED IN SUPPORT OF THE CONSTRUCTION. AT THE SAME TIME, THE AUTHORITIES BELOW HAVE ALSO DENIED THE CLAIM WITHOUT GETTING THE VALUATION DONE FROM THE DVO. UNDER THESE CIRCUM STANCES, I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD MEET DIRECTLY IF THE IMPUGNED ORDER O N THIS ISSUE IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER. I ORDER ACCORDINGLY AND DIRECT THE ASSESSING OFFICER TO D ECIDE THIS ISSUE AFRESH AS PER LAW AFTER ALLOWING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE . ITA NO. 668 /DEL/201 8 4 6 . IN THE RESULT, THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 2 1 S T JUNE , 2018. S D / - [ R.S. SYAL ] VICE PRESIDENT DATED, 2 1 S T JUNE , 201 8 . SH COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . DR, ITAT AR, ITAT, NEW DELHI. DATE INITIAL 1. DATE OF DICTATION 20.6.2018 PS 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20.6.2018 PS 3. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER JM/AM 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S. / P.S. JM/AM 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT PS/PS 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S. / P.S. PS 7. DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT PS 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 9. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER 11. DATE OF DISPATCH OF THE ORDER *