Shri Yasin Khan, Churu V. ITO,Ward-1, Churu

ITA 74/JODH/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9715 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 19-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C BADHOK LD
• Assessee Lawyers: AMIT KOTHARI CA LD
• Keywords: Capital asset; Capital Gains
• Section: 147; 144

Judgement Text

1 ITA NO.74/JODH/2019 SH. YASIN KHAN ASSESSMENT YEAR: 2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR , , BEFORE HONBLE SHRI SANDEEP GOSAIN, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THOUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.74/JODH/2019 ( / ASSESSMENT YEAR: 2010-11) SH. YASIN KHAN WARD NO.25 CHURU JAIPUR, RAJASTHAN-331 011. / VS. INCOME TAX OFFICERWARD - 1 CHURU, RAJASTHAN-331 001. ./ ./ PAN/GIR NO.CAKPK-2504-B ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI AMIT KOTHARI (CA)- LD. AR REVENUE BY : SHRI K.C. BADHOK - LD. CIT- DR / DATE OF HEARING : 06/11/2020 / DATE OF PRONOUNCEMENT : 21/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED BY CON FIRMATION OF CERTAIN ADDITIONS IN AN ASSESSMENT FRAMED U/S 144 R .W.S 147 OF THE ACT ON 21/02/2016. THE LEARNED FIRST APPELLATE AUTH ORITY HAS DISMISSED THE APPEAL OF THE ASSESSEE FOR WANT OF CO NDONATION OF DELAY OF 715 DAYS. 2 ITA NO.74/JODH/2019 SH. YASIN KHAN ASSESSMENT YEAR: 2010-11 2.1 THE RELEVANT FACTS ARE THAT DURING ASSESSMENT P ROCEEDINGS, IT TRANSPIRED THAT THE ASSESSEE SOLD CERTAIN IMMOVEABL E PROPERTY KHASRA NO. 814 & 1642/806 DURING THE YEAR. IT WAS A LSO NOTED THAT THE SOLD PIECE OF LAND WAS SITUATED WITHIN MUNICIPA L LIMITS OF CHURU CITY AND THEREFORE, IT WAS A CAPITAL ASSETS AND GAI NS ARISING THERE- FROM WOULD BE CHARGEABLE TO TAX UNDER THE HEAD CAPITAL GAINS . THE VALUE AS SHOWN IN THE REGISTRY WAS RS.2 LACS BUT IT WAS VALUED AT RS.39.44 LACS BY DIG, STAMPS. 2.2 THE ASSESSEE SUBMITTED THAT IT HAD NO SOURCE OF INCOME AND THE LAND WAS NOT SITUATED IN NOTIFIED AREA. HENCE, NO RETURN OF INCOME WAS FILED IN RESPONSE TO REASSESSMENT NOTICE WHICH LED LD. AO TO INVOKE THE PROVISIONS OF SEC.144 AND FRAME TH E ASSESSMENT ON THE BASIS OF INFORMATION ON RECORD. THE MATTER OF VALUATION OF THE LAND WAS REFERRED TO VALUATION OFFICER WHO VALUED T HE LAND AT RS.63.83 LACS. ADOPTING THE SAME, CAPITAL GAINS WER E COMPUTED AT RS.63.20 LACS. AS STATED EARLIER, THE ASSESSEES AP PEAL BEFORE LD. FIRST APPELLATE AUTHORITY GOT DISMISSED FOR WANT OF CONDONATION OF DELAY. AGGRIEVED, THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 3. WE HAVE CAREFULLY HEARD THE ARGUMENTS ADVANCED B Y BOTH THE REPRESENTATIVES. OUR ADJUDICATION TO THE APPEAL WOU LD BE AS GIVEN IN SUCCEEDING PARAGRAPHS. 4. THE MATERIAL ON RECORD WOULD SHOW THAT THE APPEA L WAS FILED BEFORE LD. CIT(A) MANUALLY IN FORM NO.35 ON 09/04/2 016 WHICH WAS APPARENTLY WITHIN PRESCRIBED TIME. HOWEVER, THE APPEAL, AS PAR EXTANT RULES, WAS REQUIRED TO BE FILED ELECTRONICAL LY. THE SAME HAS SUBSEQUENTLY BEEN E-FILED ON 07/03/2018. COUNTING F ROM THIS DATE, 3 ITA NO.74/JODH/2019 SH. YASIN KHAN ASSESSMENT YEAR: 2010-11 THE APPEAL IS TIME BARRED BY 715 DAYS. WE FIND THAT THAT ASSESSEE WAS DILIGENT IN FILING THE APPEAL, THOUGH MANUALLY AND THERE WAS NO LAPSE, IN THIS REGARD. THE APPEAL FILING FEES WAS A LSO DEPOSITED BY THAT DATE. THEREFORE, MERELY BECAUSE THE APPEAL WAS NOT E-FILED AS PER NEWLY AMENDED PROVISIONS, THE SAME COULD NOT BE A GROUND TO DENY THE ASSESSEE TO CONTEST THE ISSUE ON MERITS. T HE APPEAL HAS ALREADY BEEN E-FILED. THEREFORE, KEEPING IN ASSESSE ES BACKGROUND AS WELL AS THE FACTS OF THE CASE, WE DIRECT LD. CIT (A) TO CONDONE THE DELAY AND ADJUDICATE THE ISSUE ON MERITS BY WAY OF SPEAKING ORDER. THE ASSESSEE, IN TURN, IS DIRECTED TO SUBSTANTIATE HIS STAND FAILING WHICH LD. CIT(A) SHALL BE AT LIBERTY TO PROCEED WIT H ADJUDICATION AS PER MATERIAL ON RECORD. 5. THE APPEAL STANDS ALLOWED FOR STATISTICAL PURPOS ES. ORDER PRONOUNCED U/R 34(4) OF INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963. SD/- SD/- (SANDEEP GOSAIN) (MAN OJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/12/2020 SR.PS:-JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$' / THE RESPONDENT 3. % ( ) / THE CIT(A) 4. % / CIT CONCERNED 5. &'#( ) , ) , ) / DR, ITAT, JODHPUR 6. '+,-! / GUARD FILE 4 ITA NO.74/JODH/2019 SH. YASIN KHAN ASSESSMENT YEAR: 2010-11 / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, JODHPUR.