DNYESHWAR KESHAVRAO BHOSALE, Nashik V. INCOME TAX OFFICER, NASHIK

ITA 801/PUN/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3659 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-02-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 06-07-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: GAURAV K SINGH
• Assessee Lawyers: R P DAWARE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE : [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.801/PUN./2023 [E-APPEAL] Assessment Year 2015-2016 Dnyeshwar Keshavrao Bhosale, Plot No.1, Survey No.1212, Anandwalli Savarkar Nagar, Nashik. PIN – 422 013 Maharashtra. PAN AHZPB1687B vs. The Income Tax Officer, Ward-1(1), Room No.7, Kendriya Bhawan, Gadkari Chowk, Old Agra Road, Nashik. Maharashtra. (Appellant) (Respondent) For Assessee : Shri R P Daware For Revenue : Shri Gaurav K Singh Date of Hearing : 26.02.2024 Date of Pronouncement : 26.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2015-16, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023- 24/1052643783(1), dated 08.05.2023, involving proceedings u/s. 143(1) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. Learned DR submitted during the course of proceedings that both the learned lower authorities have rightly made the impugned sec.56(2)(vii)(b) addition of Rs.10.79 lakhs representing the difference between the stamp value of Rs.61.58 lakhs and the actual sale price of Rs.40 lakhs in the relevant transfer deed dated 2 ITA.No.801/PUN./2024 11.03.2015, to the extent of half share in the taxpayer’s hands in very terms. 3. It is noticed during the course of hearing that neither there is any concrete indication that the asset in question forms the ‘capital asset’ within the meaning of Explanation-(d) to sec.56(2)(vii)(b) nor the learned lower authorities have made the statutory reference to DVO in terms of Proviso to sub-sec.(c) thereof. Faced with this situation, it is deemed appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the learned Assessing Officer for his afresh adjudication on merits preferably within three effective opportunities of hearing. Ordered accordingly. 3. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the open Court on 26.02.2024. Sd/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 26 th February, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The NFAC, Delhi. 4. The Pr. CIT, Pune concerned 5. D.R. ITAT, “SMC” Bench, Pune. 6. Guard File. //By Order// //True Copy // Assistant Registrar, ITAT, Pune Benches, Pune.