Shri Amit Laxmanbhai Patel, Ahmedabad V. The Dy.CIT, Central Circle-1(2), Ahmedabad

MA 71/AHD/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1586 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 19-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH (VIRTUAL COURT) BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND SHRI MADHUMITA ROY, JUDICIAL MEMBE R SHRI AMIT LAXMANBHAI PATEL 8, MARUTI HILLS BUNGALOWS, SATELLITE, AHMEDABAD-380015 PAN: ABJPP9877A (APPELLANT) VS THE DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD (RESPONDENT) REVENUE BY: SHRI VIDHYUT TRIVEDI, SR. D.R. ASSESSEE BY: SHRI PARIN SHAH, A.R. DATE OF HEARING : 16-10-2020 DATE OF PRONOUNCEMENT : 01-12-20 20 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- VIDE THE MISCELLANEOUS APPLICATION, THE ASSESSEE H AS SUBMITTED THAT HIS APPEAL WAS ADJUDICATED VIDE ITA NO. 1676/AHD/20 16 ON 6 TH DECEMBER, 2019. IT IS SUBMITTED THAT ASSESSEE HAS FILED 10 G ROUNDS OF APPEAL HOWEVER INADVERTENTLY GROUND NOS. 7 & 8 REMAINED TO BE ADJU DICATED. THESE GROUNDS OF APPEAL REPORTED BY THE ASSESSEE ARE REPRODUCED A S UNDER:- M.A. NO. 71/AHD/2020 (IN ITA NO. 1676 /AHD/2016) ASSESSMENT YEAR 2011-12 M.A. NO. 71/AHD/2020 ( IN I.T.A NO. 1676/AHD/2016) A.Y. 2011-12 PAGE NO SHRI AMIT LAXMANBHAI PATEL VS. DCIT 2 '7. LD. CIT (A) ERRED IN LAW AND ON FACTS CONFIRMIN G DISALLOWANCE MADE BY AO OF COST OF IMPROVEMENT OF RS. 9, 60, 000/- INDEXED AT RS. 20, 82, 093/- COMPU TING LONG TERM CAPITAL GAIN ON SALE OF AGRICULTURAL LAND AT MAKARBA. LD. CIT (A) OUGHT TO HAVE ALLOWED COST OF IMPROVEMENT INCURRED AND RIGHTFULLY CLAIMED ON LAND PURCHASED IN 1995 BY THE APPELLANT.' '8. LD. CIT (A) ERRED IN LAW AND ON FACTS IN NOT AD JUDICATING CONTENTION RAISED WITHOUT PREJUDICE TO A BOVE GROUND THAT DISALLOWANCE IN ANY CASE DESERVED TO BE DELETED SINCE AGAINST INVESTMENT OF RS. 1, 43, 09, 000/- IN THE NEW AGRICULTURAL LAND LTCG CLAIMED WAS ONLY TO THE EXTENT OF RS. 1, 19, 74, 290/- DEDUCTING IND EXED COST OF IMPROVEMENT OF RS. 20, 82, 093/-. THUS EVEN IF THE SAID IMPROVEMENT COST IS ADDED, LTCG WOULD STILL BE NIL.' 2. HEARD BOTH THE SIDES AND PERUSED THE MATERIAL ON RECORD. WITH THE ASSISTANCE OF LD. REPRESENTATIVES, WE HAVE GONE THR OUGH THE ITAT ORDER DATED 6 TH DECEMBER, 2019 AND NOTICED THAT GROUND NOS. 7 AND 8 OF THE ASSESSEE WAS REMAINED TO BE ADJUDICATED. THERE IS APPARENT MISTAKE FROM RECORD AS THE GROUND NOS. 7 & 8 WERE NOT ADJUDICATE D, THEREFORE, WE RECALL THE ORDER OF ITAT TO THE EXTENT OF ADJUDICATING THE AFORESAID TWO GROUNDS OF APPEAL 7 & 8. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING OF THE TWO GROUNDS OF APPEAL AS REFERRED ABOVE IN DUE COURSE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01-12-2020 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 01/12/2020 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. M.A. NO. 71/AHD/2020 ( IN I.T.A NO. 1676/AHD/2016) A.Y. 2011-12 PAGE NO SHRI AMIT LAXMANBHAI PATEL VS. DCIT 3 BY ORDER/ , / ,