Kuttianna Gounder ponmalai, Salem V. ITO, Salem

ITA 818/CHNY/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 8719 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 01-04-2016
• Court: TRIBUNAL
• Department Lawyers: SHIVA SRINIVAS
• Assessee Lawyers: T VASUDEVAN
• Keywords: Revised return

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI , . ! ' , # '$ BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER . /ITA NO. 818/MDS/2016 / ASSESSMENT YEAR : 2011-12 KUTTIANNA GOUNDER PONMALAI, NO.9/177, MGR NAGAR, ERUMAPALAYAM, MAIN ROAD, SEELANAICKENPATTI, SALEM 636 201. PAN BIKPP3396P ( /APPELLANT) V. THE INCOME-TAX OFFICER, WARD-2(3), SALEM. RESPONDENT) / APPELLANT BY : SHRI T. VASUDEVAN, ADVOCATE / RESPONDENT BY : SHRI SHIVA SRINIVAS, JCIT ! / DATE OF HEARING : 22.08.2016 '# ! / DATE OF PRONOUNCEMENT : 22.08.2016 % / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS) DATED 18 .2.2016. - - ITA 818/16 2 2. THE ASSESSEE HAS SHOWN LONG TERM CAPITAL GAIN AS NIL AFTER CLAIMING DEDUCTION U/S.54 OF THE ACT. HOWEVE R, THE ASSESSEE, BEFORE THE A.O. AT THE TIME OF ASSESSMENT , MADE A CLAIM STATING THAT THE LAND IS AN AGRICULTURAL LAND AND NOT LIABLE FOR LONG TERM CAPITAL GAIN, IN VIEW OF SEC.10(37) OF TH E ACT. THE AO HAS NOT ENTERTAINED THE CLAIM OF THE ASSESSEE, AS T HERE IS NO REVISED RETURN BY THE ASSESSEE AND THE SAME WAS CON FIRMED BY THE CIT(APPEALS). AGAINST THIS, THE ASSESSEE IS IN APPEAL BEFORE US. 3. BEFORE US, THE ASSESSEE MADE A PLEA THAT THE SAI D LAND IS AN AGRICULTURAL LAND AND NOT LIABLE FOR LONG TERM C APITAL GAIN. WE FIND THAT THE LOWER AUTHORITIES HAVE NOT ADMITTED T HE CLAIM OF THE ASESSEE ON THE REASON THAT THE ASSESSEE HAS NOT FIL ED REVISED RETURN. IN OUR OPINION, THE TRIBUNAL HAS THE POWER TO EXAMINE THE ISSUE IN VIEW OF THE JUDGMENT OF THE SUPREME COURT IN THE CASE OF GOETZE (INDIA) LTD. VS. CIT (284 ITR 323). ACCO RDINGLY, IN THE INTEREST OF JUSTICE, WE REMIT THE ISSUE TO THE FILE OF THE AO TO EXAMINE THE ISSUE, WHETHER THE LAND IS AGRICULTURAL OR NOT, IN ACCORDANCE WITH LAW. - - ITA 818/16 3 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON MONDAY, THE 22 ND OF AUGUST, 2016 AT CHENNAI. SD/- SD/- ( $% & ) ( ' ( ) $ ) *%+,-,./01,2345,.62,+778,293 : ;< /JUDICIAL MEMBER ! ;<=>>70.?,.?@A1BA2 ': /CHENNAI, C; /DATED, THE 22 ND AUGUST, 2016. MPO* ;D EFGF /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. H3 /CIT(A) 4. H /CIT 5. FIJ K /DR 6. JLM /GF.