SUWA LAL YADAV, Jaipur V. ITO, Jaipur

ITA 706/JPR/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 5603 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 11-07-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DCIT DR DHK
• Assessee Lawyers: C L YADAV
• Keywords: Sale consideration of property below Jantri Value; Opportunity of being heard; Additional evidence
• Section: 50C; 147; 144

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPUN] YS[KK LNL; DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 706/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 SHRI SUA LAL YADAV S/O SHRI NARAYAN LAL YADAV ANANDPURI KI DHANI DEVTHALA ROAD, VILLAGE: NIWANIA TEHSIL CHOMU, DISTT. JAIPUR CUKE VS. THE ITO WARD- JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ALAPL 6027 D VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI C.L. YADAV, CA JKTLO DH VKSJ LS@ REVENUE BY :SMT. POONAM RAI, DCIT- DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 10/02/2017 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 13/02/2017 VKNS'K@ ORDER PER BHAGCHAND, AM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-III, JAIPUR DATED 29-04-2016 FOR THE ASSESSM ENT YEAR 2008-09 RAISING THEREIN FOLLOWING GROUND OF APPEAL. 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE ITO WARD- 7(3), JAIPUR ERRED AND LD. CIT(A) ERRED I N CONFIRMING IN DISALLOWING THE COST AND IMPROVEMENT OF PROPERTY OF RS. 16,000/- AND RS. 1,30,000/- RESPECTIVELY IN CALCULATING CAPI TAL GAIN IGNORING THE SUBMISSION OF ASSESSEE, WHICH IS LIABLE TO BE Q UASHED. ITA NO. 706/JP/2016 SHRI SUA LAL YADAV VS. ITO, WARD- 7(3),JAIPUR . 2 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE ITO WARD- 7(3), JAIPUR ERRED AND LD. CIT(A) ERRED I N ADDING RS. 15,85,250/- U/S 50C OF THE I.T. ACT, 1961 WITHOUT A PPRECIATING EVIDENCES AND WITHOUT REFERRING TO VALUATION CELL W HICH IS UNJUSTIFIED, ILLEGAL AND LIABLE TO BE DELETED. 2.1 DURING THE COURSE OF HEARING, IT IS NOTED THAT THE LD. AR OF THE ASSESSEE FILED AN APPLICATION DATED 12-01-2017 PRAY ING THEREIN TO CONSIDER THE ADDITIONAL EVIDENCE UNDER RULE 29 OF THE ITAT, RULES, 1963. FURTHER IT IS NOTED THAT THE ASSESSEE HAS ALSO FILED THE PAPER BOOK CONTAINING PAGES 1 TO 31 CONCERNING THE CASE. THE SUBMISSION OF THE L D. AR ASSESSEE IS AS UNDER:- THE CASE OF THE APPELLANT WAS COMPLETED U/S 144 R /W 147 BY THE AO. THE ASSESSEE HAD SUBMITTED THE DETAI LS AS ASKED FOR VIDE QUERY LETTER DATED 29-04-2013.THEREA FTER THE AO, ISSUED SHOW CAUSE NOTICE UNDER THE FIRST PROVIS O TO SECTION 144 (1) FIXING THE CASE FOR 25-07-2013, TO WHICH A DETAILED REPLY WAS FILED AND THE CASE WAS DISCUSSED . STILL, THE AO WENT ON TO COMPLETE THE ASSESSMENT U/S 144. IT WOULD NOT BE OUT OF PLACE TO MENTION THAT THE ASSESSEE'S BROTHER-IN-LAW WAS HOSPITALIZED DURING T HE PERIOD AND WAS IN A CRITICAL CONDITION THAT THE NON-COMPLI ANCE ON ONE OCCASION HAD BEEN ON ACCOUNT OF THE SAME. BEIN G IN A DISTURBED STATE OF MIND AND DUE TO PAUCITY OF TIME, THE APPELLANT COULD NOT PRODUCE THE REQUIRED EVIDENCE I N HIS SUPPORT. THE EVIDENCE BEING PRODUCED ARE RELEVANT ITA NO. 706/JP/2016 SHRI SUA LAL YADAV VS. ITO, WARD- 7(3),JAIPUR . 3 DOCUMENTS TO PROVE THE MATTER TO BE DECIDED BY THE HON'BLE TRIBUNAL. IT IS THEREFORE, REQUESTED THAT THE TRIBU NAL MAY KINDLY PERMIT THE APPELLANT TO ADDUCE THE ADDITIONA L EVIDENCE AND CONSIDER THE SAME AS THE DOCUMENTS HAVE A DIREC T BEARING. 2.2 THE LD. DR OPPOSED THE APPLICATION OF THE LD. A R OF THE ASSESSEE RELATING TO FILING THE ADDITIONAL EVIDENCE IN THIS CASE. 2.3 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. LOOKING TO THE PRESENT FACTS A ND CIRCUMSTANCES OF THE CASE ALONGWITH FACTS MENTIONED IN THE APPLICATION OF THE ASSESSEE UNDER RULE 29 OF INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963, IT WILL BE IN THE INTEREST OF EQUITY AND JUSTICE TO CONSIDER THE APPL ICATION OF THE ASSESSEE RELATING TO FILING OF ADDITIONAL EVIDENCE UNDER RUL E 29 OF ITAT RULES. HENCE, THE ADDITIONAL EVIDENCE FILED BY THE ASSESSE E ALONGWITH THE APPLICATION DATED 12-01-2017 ARE ADMITTED. THE GROU NDS OF APPEAL AS RAISED BY THE ASSESSEE BEFORE THIS BENCH REPRODUCE D IN PARA 1 OF THIS ORDER ARE RESTORED TO THE FILE OF THE LD. CIT(A) T O DECIDE IT AFRESH BY PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO PRODUCE ALL THESE ADDI TIONAL EVIDENCES BEFORE THE LD. CIT(A) FOR AFRESH ADJUDICATION. THUS THE AP PEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ITA NO. 706/JP/2016 SHRI SUA LAL YADAV VS. ITO, WARD- 7(3),JAIPUR . 4 4.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 13 -02-2017. SD/- HKKXPUN ( BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 13 /02/ 2017 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI SUA LAL YADAV, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- 7(3), JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.706/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ @ ASSISTANT. REGISTRAR