KALUBHAI CHAUHAN,SANAND, AHMEDABAD V. .INCOME TAX OFFICER, INCOME TAX OFFICE, VEJALPUR

ITA 302/AHD/2024

AI Insights

The case involves Kalubhai Chauhan, an individual and agriculturist, who did not initially file a return of income for the Assessment Year 2018-19 despite selling an immovable property for Rs.82,00,600. The Income Tax Officer reopened the case under section 148 and issued notices, to which the assessee responded by filing a return declaring the income and claiming exemption on the sale of agricultural land. However, due to non-responsiveness to subsequent notices, an exparte order was passed adding Rs. 82,00,600 as Long Term Capital Gain. The CIT(A) upheld this addition, leading to the appeal in the ITAT. The Tribunal considered additional evidences presented by the assessee, including a distance certificate and geographical data, and decided to set aside the lower authorities' orders for a fresh assessment.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 23198 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Appeal Filed On: 19-02-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside; Additional evidence
• Section: 147; 148

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH Before: Shri T.R. Senthil Kumar, Judicial Member And Shri Makarand Vasant Mahadeokar, Accountant Member Kalubhai Chauhan Patel Vas, Moraiya, Sanand, Gujarat-382213 PAN: BADPC7650Q (Appellant) Vs Income Tax Officer Ward-1(1)(1), Income Tax Office, Vejalpur, Ahmedabad (Respondent) Assessee Represented: Shri Prakash D Shah, A.R. Revenue Represented: Shri B.P. Srivastava, Sr.D.R. Date of hearing : 05-12-2024 Date of pronouncement : 09-12-2024 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the order dated 22.12.2019 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the exparte reassessment order passed under section 147 r.w.s. 144 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2018-19. ITA No. 302/Ahd/2024 Assessment Year 2018-19 I.T.A No. 302/Ahd/2024 A.Y. 2018-19 Page No Kalubhai Chauhan vs. ITO 2 2. Brief facts of the case is that the assessee is an individual and agriculturist, hence no Return of Income was filed by the assessee. However during the Asst. Year 2018-19, assessee sold an immovable property for a consideration of Rs.82,00,600/-. Since no return was filed by the assessee, the case was reopened by issuing notice u/s. 148 on 27-03-2022. In response, the assessee filed his Return of Income on 13-04-2022 declaring total income of Rs.34,200/- and claiming the sale of agricultural land as exempt. 3. During the assessment proceedings, nine notices issued including show cause notices, however the assessee failed to reply which has resulting in passing an exparte order, making an addition of Rs. 82,00,600/- as Long Term Capital Gain. 4. Aggrieved against the same, assessee filed an appeal before Ld. CIT(A). During the appellate proceedings, the assessee submitted the distance of the property from Ahmedabad Municipality and instead of measuring it from the nearest Sanand Municipality which was rejected, thereby addition made by the Assessing Officer was confirmed. 5. Ld. Counsel appearing for the assessee submitted before us. Distance Certificate from Moraiya Gram Panchayat is located 10 Kms. boundary of Sanand Nagar Palika and the population of Moraiya village is 7630 and also produced Primary Census Abstract Indicators and Google Map locations of the property sold with that of the boundary of Ahmedabad Municipal Corporation and Sanand Municipality. The Ld. Counsel also invoked Rule 29 of the ITAT Rules to admit additional evidences. I.T.A No. 302/Ahd/2024 A.Y. 2018-19 Page No Kalubhai Chauhan vs. ITO 3 6. Perusal of the additional documents makes it clear, these vital documents are very much necessary to decide whether the sale of land will fall under the definition of Section 2(14)(iii) of the Act. 7. Ld. Sr. D.R. appearing for the Revenue also confirmed that the matter may be set aside to the file of Jurisdictional Assessing Officer for verifying the above fresh documents and decide the case on merits. 8. Recording the above submissions of both the parties, the order passed by the Lower Authorities are hereby set aside with a direction to consider the additional evidences filed for the first time before this Tribunal and decide the case on merits and by proper opportunity of hearing to the assessee and in accordance with the law. 9. In the result, the appeal filed by the Assessee is allowed for statistical purpose. Order pronounced in the open court on 09-12-2024 Sd/- Sd/- (MAKARAND V. MAHADEOKAR) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 09/12/2024 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) I.T.A No. 302/Ahd/2024 A.Y. 2018-19 Page No Kalubhai Chauhan vs. ITO 4 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद "