ITO, V. Naval Singh,

ITA 942/DEL/2002

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81817 (ITAT-DELHI)
• Duration Of Justice: 12 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 13-10-2014
• Assessment Year: 1998-1999
• Appeal Filed On: 18-03-2002
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEVI SHARAN SINGH
• Section: 54B; 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F NEW DELHI BEFORE SHRI H.S. SIDHU, J .M. AND SHRI J.SUDHAKAR REDDY, A.M. ITA NO. 942/DEL/2002 ASSESSMENT YEAR : 1998-99 ITO VS. SHRI NAVAL SINGH WARD-1(3), FARIDABAD S/O S HRI SOHAN LAL, VIII, JHARSAINTLY, BALLABGARH (APPELLANT) (RESPONDENT) ASSESSEE BY :- NONE DEPARTMENT BY:- SH. DEVI SHARAN SINGH, SR. DR O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER OF LD.CIT(APPEALS) FARIDABAD DT. 28.1.2002 FOR THE ASS ESSMENT YEAR 1998-99. 2. THE HONBLE HIGH COURT OF PUNJAB AND HARYANA AND INCOME TAX APPEAL NO. 547 OF 2006 FOR THE ASSTT. YEAR 1998-99 JUDGMEN T DATED 6.12.2010 AT PARA 7 ORDERED AS FOLLOWS :- SINCE THE TRIBUNAL HAS NOT DECIDED THE ISSUE RELA TING TO DEDUCTION U/S 54B AND 54F OF THE ACT, THE MATTER IS REMANDED TO T HE TRIBUNAL FOR DECISION IN THIS REGARD IN ACCORDANCE WITH LAW. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPI TE ISSUANCE OF SEVERAL NOTICES. NOTICES WERE ALSO ISSUED THROUGH THE DEPAR TMENT ALSO. THE CASE HAS BEEN POSTED FROM 25.10.2011 ON VARIOUS OCCASIONS. N ONE APPEARED ON BEHALF OF THE ASSESSEE ON ANY OF THE OCCASIONS TILL DATE. UNDER THESE ITA NO. 942/DEL/2002 AY 1998-99 ITO VS. SHRI NAVAL SINGH, BALLABGARH PAGE 2 OF 3 CIRCUMSTANCES WE DISPOSE OFF THE CASE THE EX PARTE QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 4. AFTER HEARING THE DEPARTMENTAL REPRESENTA TIVE WE FIND THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IN HIS ORDER D ATED 28.11.2011 AT PARA 5.3. (III) STATED AS FOLLOWS :- PARA 5.3. (III) THE DEDUCTION U/S 54B & 54F OF I.T. ACT, 196 1 SHOULD BE ALLOWED FROM THE DATE OF ACTUAL RECEIPT OF ENHANCED COMPEN SATION TO THE APPELLANT AS PER LAW AGAINST THE INCOME WHICH HAS B EEN CHARGED TO TAX AS ABOVE. 5. AS ALL THE FACTS ARE NOT ON RECORD AND AS T HE CIT(A) HAS ALREADY DIRECTED THE AO TO VERIFY THE FACTS AND AFTER GIVIN G PROPER OPPORTUNITY TO THE ASSESSEE, DISPOSE OFF THE ISSUE IN ACCORDANCE WITH LAW. WE DEEM IT APPROPRIATE TO REMIT THE ISSUE TO THE FILE OF THE A O FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. IN THE RESULT THIS GROUND OF T HE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT APPEAL OF THE REVENUE IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH OCTOBER, 2014. SD/- SD/- (H.S. SIDHU) ( J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 17 TH OCTOBER, 2014 *VEENA COPY OF THE ORDER FORWARDED TO: ITA NO. 942/DEL/2002 AY 1998-99 ITO VS. SHRI NAVAL SINGH, BALLABGARH PAGE 3 OF 3 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR