Atul Govindji Shroff, Vadodara V. The DCIT, Central circle-3, Vadodara

MA 25/AHD/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0830 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-11-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 17-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 20-02-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member M/s. Atul Govindji Shroff, 1028, Village Raipura At Post Raipura Vadodara PAN: AACPS7330R (Appellant) Vs The Dy. CIT, Central Circle-3 Vadodara (Respondent) Assessee Represented: Shri Milin Mehta, A.R. Revenue Represeted: Shri Atul Pandey, Sr. DR Date of hearing : 18-08-2023 Date of pronouncement : 15-11-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This Miscellaneous Application is filed by the assessee on the ground that during the course of appellate proceedings, the assessee challenged the disallowance of deduction claim u/s. 54F of the Income Tax Act on three folds: (i) Commercial as well as agricultural activity is carried out the property: (ii) No income taxable under the head House property from impugned property and (iii) The Applicant is joint owner of the property. M.A. No. 25/Ahd/2023 (in ITA No. 1443/Ahd/2019) Assessment Year 2017-18 M.A. No. 25/Ahd/2023 A.Y. 2017-18 Page No Atul Govindji Shroff vs. DCIT 2 2. However the 2 nd & 3 rd fold of arguments were not adjudicated while passing the impugned order, which is an apparent mistake on record which is required to the rectified. 3. We have gone through the appellate order, though there is single issue of denial of exemption u/s. 54F is involved with multiple grounds by the assessee. It is seen that the above arguments were not dealt in the above order, which is an apparent mistake on record. Therefore we hereby recall the order dated 07.09.2022 in ITA No. 1443/Ahd/2019 in its entirety. The appeal may be fixed for fresh hearing in due course. 4. In the result, the Miscellaneous Application filed by assessee is hereby allowed. Order pronounced in the open court on 15 -11-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 15/11/2023 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद