MAHADEV BALAI, Jaipur V. ITO, Jaipur

MA 19/JPR/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5595 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 03-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA SINGH JCIT DHK
• Section: 54B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ M.A NO.19/JP/2017 (ARISING OUT OF ITA NO. 333/JP/2016) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 SHRI MAHADEV BALAI , VILLAGE NARROTTAMPURA, TEHSIL SANGANER,DISTRICT JAIPUR. CUKE VS. THE ITO, WARD - 7(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AXTPB 9686 R VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJENDRA SINGH (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 31.03.2017. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 06.04.2017 VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE SEEKING RECTIFICATION OF THE MISTAKE IN ORDER DATED 26/12/2016. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REITERATED THE SUBMISSIONS AS MADE IN THE APPLICATION. IT IS STATED THAT THE APPLICANT H AD RAISED GROUND NO. 3 OF THE APPEAL, THAT COMPRISED OF TWO ISSUES. ONE IS DEDUCTION U/S 54B IN RESPECT OF INVESTMENT IN PURCHASE OF AGRICULTURAL LAND IN THE NAME OF WIFE F OR RS. 15,81,540/- AND SECOND INVESTMENT MADE IN THE PURCHASE OF THE AGRICULTURAL LAND IN ASSESSEES OWN NAME FOR RS. 5,68,240/-. HE CONTENDED THAT THE HONBLE TRIBU NAL WHILE DECIDING THIS GROUND HAS DECIDED ONLY THE FIRST PART OF THE GROUND I.E. PURCHASE OF THE AGRICULTURAL LAND IN 2 M.A. NO. 19/JP/2017 SHRI MAHADEV BALAI. THE NAME OF THE ASSESSEES WIFE. THE SECOND PART O F THE GROUND I.E., THE PURCHASE OF AGRICULTURAL LAND IN OWN NAME WAS LEFT TO BE DEC IDED INADVERTENTLY. HE SUBMITTED THAT THIS MISTAKE REQUIRES RECTIFICATION. HE HAS D RAWN OUR ATTENTION TO THE FINDING OF THE ORDER DATED 26/12/2016 IN ITA NO. 333/JP/2016. 3. ON THE CONTRARY, LD. DEPARTMENTAL REPRESENTATIVE S OPPOSED THE SUBMISSIONS. 4. WE HAVE HEARD THE RIVAL CONTENTIONS PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDER OF THE AUTHORITIES BELOW . WE HAVE PERUSED THE ORDER DATED 26/12/2016 IN ITA NO. 333/JP/2016, WE FIND ME RIT INTO THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 5. GROUND NO. 3 OF THE ASSESSEES APPEAL RELATE TO DEDUCTION OF RS. 15,81,540/- AND RS. 5,68,240 IN RESPECT OF INVESTMENT MADE IN T HE PURCHASING OF AGRICULTURAL LAND IN THE NAME OF WIFE AND SELF. THE ISSUE RELAT ED TO ENTITLEMENT OF DEDUCTION U/S 54B QUA THE INVESTMENT MADE IN THE NAME OF WIFE HAS BEEN DECIDED. HOWEVER, THE ENTITLEMENT OF THE ASSESSEE FOR DEDUCTION OF RS. 5, 68,240/- WAS NOT ADJUDICATED. UNDER THESE FACTS, WE DIRECT THE REGISTRY TO FIX IT A NO. 333/JP/2016 FOR THE LIMITED PURPOSE OF HEARING ON ELIGIBILITY OF DEDUCTION OF R S. 5,68,240/- U/S 54B OF THE ACT. THE APPLICATION OF THE ASSESSEE IS DISPOSED OF IN T HE ABOVE TERMS. 6. IN THE RESULT, MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY , THE DAY OF 6 TH APRIL 2017 SD/- SD/- FOE FLAG ;KNO ( DQY HKKJR ) (VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 06/4/2017 POOJA- 3 M.A. NO. 19/JP/2017 SHRI MAHADEV BALAI. VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- MAHADEV BALAI, VILLAGE NARROTTAM PURA,TEHSIL SANGANER, JAIPUR 2. THE RESPONDENT-THE ITO, WARD-7(2), JAIPUR. 3. THE CIT, 4. THE CIT (A) 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (MA NO. 19/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR