Smt. Sushilabai N Bhor, Pune V. ITO, Ward 3(2), Pune

ITA 698/PUN/2013

• Counselvise Citation: 69824514 RSA 2013
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 18-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L PATHADE
• Assessee Lawyers: N O N E
• Keywords: Sale consideration of property below Jantri Value; Opportunity of being heard; Valuation report; Reason to believe
• Section: 50C; 2(14); 148; 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE BEFORE: SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO. 698 /PN/20 1 3 ASSESSMENT YEAR : 200 4 - 05 SMT. SUSHILABAI N BHOR, FLAT NO. 30 1, VEDANT, 1163, SADASHIV PETH, PUNE VS. ITO, WARD - 3(2), PUNE (APPELLANT) (RESPONDENT) PAN NO. AXUPB7365G APPELLANT BY: N O N E RESPONDENT BY: SHRI P.L. PATHADE DATE OF HEARING : 09 - 0 4 - 2014 DATE OF PRONOUNCEMENT : 29 - 0 4 - 2014 ORDER P ER R.S. PADVEKAR , JM : - IN THIS APPEAL , THE ASSESSEE HAS CHALLENG ED THE IMPUGNED ORDER OF THE LD. CIT(A) - I I , PUNE DATED 19 - 10 - 2012 F OR THE A.Y. 200 4 - 05. THE ASSESSEE HAS TAKEN THE FOLLOWING GROUND S IN THE APPEAL: 1. SALE VALUE AS PER SECTION 50C IS NOT ACC EPTABLE BY US. PLEASE CONSIDER ACTUAL SALE CONSIDERATION. 2. CONSIDER RATE OF ACQUISITION AS ON 01/04/1981 IS RS.16/ - PER SQ. FT. VALUATION REPORT OF GOVT. VALUER IS ATTACHED HEREWITH. 3. LTCG AMOUNT INVESTED TO PURCHASE OF AGRICULTURE LAND & FLAT WHICH IS NO T CONSIDER U/S. 54 AS AN ALLOWABLE DEDUCTION FROM LTCG AMOUNT. 2. THE FACTS WHICH ARE REVEALED FROM THE RECORD AS UNDER WHICH WE PREFERRED TO NARRATE FROM THE ORDER OF THE LD. CIT(A). THE ASSESSEE IS AN 2 ITA NO. 698/PN/2013, SMT. SUSHILABAI N BHOR, PUNE INDIVIDUAL HAD NOT FILED ANY RETURN OF INCOME FOR THE A.Y. 2004 - 05. THE ASSESSING OFFICER WAS IN RECEIPT OF INFORMATION IN RESPECT OF SALE TRANSACTIONS OF LAND AT SADESATRANALI, HADAPSAR TO M/S CITI CORPORATION LTD. AND SINCE THE LAND UNDER CONSIDERATION WAS WITHIN THE LIMIT OF PUNE MUNICIPAL CORPORATION THE PROVISIONS OF SUB - SECTION (III)(A) TO SECTION 2(14) OF THE ACT WERE APPLICABLE TO PERSONS INVOLVED IN THIS TRANSACTION. THE ASSESSEE BEING A NON - FILER, THE ASSESSING OFFICER NOTED THAT HE HAD REASON TO BELIEVE THAT THE CAPITAL GAINS TAX ON THE SALE TR ANSACTION HAD ESCAPED ASSESSMENT FOR A.Y. 2004 - 05. THE ASSESSING OFFICER, THEREFORE, AFTER TAKING APPROVAL DATED 16.03.2011 FROM THE ADDL. CIT, ISSUED NOTICE U/S 148 TO THE ASSESSEE. HOWEVER, THE ASSESSEE DID NOT FILE THE RETURN OF INCOME INSTEAD THE FILED DETAILS OF A COMPUTATION OF TOTAL INCOME AND WORKING OF LONG TERM CAPITAL GAIN AT RS.5,74,200/ - . THE ASSESSEE HAD ADOPTED THE ACTUAL CONSIDERATION RECEIVED OF RS.59,45,000/ - AND AFTER DEDUCTING THE INDEXED COST OF RS.53,70,800/ - HAD ARRIVED AT THE AFOREME NTIONED LONG TERM CAPITAL GAIN OF RS.5,74,200/ - . DURING THE ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER WAS HAVING INFORMATION IN RESPECT OF THE SALE TRANSACTION OF THE LAND BY THE ASSESSEE ALONG WITH OTHER CO - OWNERS OF SADESATRANALI, HADAPSAR, PUNE TO M/ S . CITI CORPORATION LTD. FOR CONSTRUCTION OF AMANORA TOWN PROJECT. SINCE THE LAND WAS WITHIN THE PUNE MUNICIPAL CORPORATION LIMITS THE ASSESSEE WAS LIABLE TO PAY TAX ON THE CAPITAL GAIN HOWEVER, THE ASSESSEE HAD NOT FILED RETURN OF INCOME FOR THE YEAR UNDE R CONSIDERATION. THE ASSESSING OFFICER SOUGHT APPROVAL FOR ISSUE OF NOTICE U/S 148 WHICH WAS GRANTED VIDE LETTER DATED 16.03.2011 BY THE ADDL. CIT, RANGE - 3, PUNE. THE ASSESSEE DID NOT FILE ANY VALUATION REPORT AND THE VALUE ADOPTED BY THE ASSESSEE WAS NOT FOUND ACCEPTABLE BY THE ASSESSING OFFICER, THEREFORE, A REFERENCE WAS MADE TO THE VALUATION OFFICER . H OWEVER, AS THE SAME WAS NOT RECEIVED TILL COMPLETION OF THE ASSESSMENT , THE ASSESSING OFFICER RELIED ON A 3 ITA NO. 698/PN/2013, SMT. SUSHILABAI N BHOR, PUNE VALUATION REPORT OF THE I.T. DEPT. SOLAPUR, IN A SIMILAR CASE WHEREIN THE VALUATION OF RS.101 PER SQ. METER AS ON 01.04.1981 WAS ADOPTED. THE ASSESSING OFFICER REWORKED THE LONG TERM CAPITAL GAIN IN ASSESSEES CASE AT RS.65,09,683/ - BY ADOPTING THE VALUATION AT RS.101 PER SQ. MTR. AS ON 01.04.1981. 3. THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT(A). IT APPEARS THAT THE ASSESSEE WAS ISSUED NOTICE FIXING THE HEARING OF HER APPEAL ON 07 - 08 - 2012 BUT THERE WAS NO RESPONSE FROM THE ASSESSEE. THE LD. CIT(A) ISSUED ANOTHER NOTICE DATED 08 - 08 - 2012 WHICH WAS SENT BY RPAD FIXING THE HEARING OF HER APPEAL 27 - 08 - 2012 BUT THERE WAS AGAIN NO RESPONSE. THIRD NOTICE WAS ISSUED RE - FIXING THE APPEAL ON 13 - 09 - 2012 AS THE ASSESSEE WAS NOT GIVING THE RESPONSE. THE LD. CIT(A) DISPOSED OF THE ASSESSEES APPEAL EX - PAR TE DISMISSING GROUNDS TAKEN BY THE ASSESSEE. 4. WE HAVE HEARD THE LD. DR. IT IS SEEN THAT THE ASSESSEE DID NOT FILE THE RETURN OF INCOME EVEN THOUGH THE NOTICE U/S. 148 WAS ISSUED. THE ASSESSEES CASE HAS BEEN COMPLETED ON THE BASIS OF INCOME COMPUTATIO N STATEMENT. SHE WAS ALSO REPRESENTED BY THE ITP BEFORE THE ASSESSING OFFICER. THE ASSESSEE HAS FILED THE XEROX COPY OF THE APPLICATION FILED BEFORE THE LD. CIT(A) WHICH IS IN MARATHI. ON THE PERUSAL OF THE SAID APPLICATION IT IS SEEN THAT THE ASSESSEE IS NOT A LITERATE LADY AND THERE WAS FAMILY PROBLEMS TO THE ASSESSEE . WE ARE OF THE OPINION THAT THE ASSESSEE IS TO BE GIVEN OPPORTUNITY TO REPRESENT HER CASE BEFORE THE LD. CIT(A). WE, ACCORDINGLY, SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMIT THE ENT IRE MATTER TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION WITH DIRECTION TH AT THE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE BE GIVEN AND TO DECIDE THE MATTER AFTER CONSIDERING HER CONTENTION. ACCORDINGLY, GROUNDS TAKEN BY THE ASSESSEE ARE ALLOWED FOR THE S TATISTICAL PURPOSES. 4 ITA NO. 698/PN/2013, SMT. SUSHILABAI N BHOR, PUNE 5. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED FOR THE STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 29 - 0 4 - 201 4 SD/ - SD/ - ( R.K. PANDA ) ( R.S. PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER RK /PS PUNE , DATED : 29 TH APRIL, 2014 COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) - I I , PUNE 4 THE CIT - I I , PUNE 5 THE DR, ITAT, A BENCH, PUNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TA X APPELLATE TRIBUNAL PUNE