Income Tax Appellate Tribunal - Indore
Late Smt.Kamla Bai L/H Shri Akhilesh ... vs Income Tax Officer-2, Dewas, Dewas on 17 October, 2018
Kamla Bai & Akhilesh Joshi
ITA No.578 to 579/Ind/2017
आयकर अपील
य अ धकरण, इंदौर यायपीठ, इंदौर
IN THE INCOME TAX APPELLATE TRIBUNAL,
INDORE BENCH, INDORE
BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND SHRI MANISH BORAD, ACCOUNTANT MEMBER
ITA No.578/Ind/2017
Assessment Year 2010-11
Late Smt. Kamla Bai, ITO-2
L/H Shri Akhilesh Joshi, Vs. Dewas
8, Rajab Ali Marg,
Dewas (M.P)
(Appellant) (Respondent )
PAN No.ALSPJ4932B
ITA No.579/Ind/2017
Assessment Year 2010-2011
Shri Akhilesh Joshi, ITO-2
8, Rajab Ali Marg, Vs. Dewas
Dewas (M.P)
(Appellant) (Respondent )
PAN No. ALSPJ4932B
Revenue by Shri P.K. Mitra, Sr.DR
Assessee by Shri S.S. Deshpande, ,CA
Date of Hearing 15.10.2018
Date of Pronouncement 17.10.2018
ORDER
PER MANISH BORAD, AM.
These two appeals filed at the instance of two assessee's namely Late Smt. Kamla Bai ITA No.578/Ind/2017 pertaining to A.Y. 1 Kamla Bai & Akhilesh Joshi ITA No.578 to 579/Ind/2017 2010-11 in the case of Shri Akhilesh Joshi ITA No.579/Ind/2017 pertaining to Assessment Year 2010-11 are directed against the order of Ld. Commissioner of Income Tax(Appeals) (in short 'CIT(A)'), Ujjain 29.05.2017 and 16.05.2017 which are arising out of the order u/s 143(3)/148 of the Income Tax Act 1961(In short the 'Act') dated 16.12.2016 and 17.12.2016 respectively framed by ITO-2, Dewas.
2. As the issues raised in all these appeals are mostly common they were heard together and have been disposed off by this common order for sake of convenience and brevity.
3. At the outset Ld. Counsel for the assessee commonly stated for both the appeals that, Ld.CIT(A) has not adjudicated the facts properly. Various documents were filed before the lower authorities including those pertaining to deduction claimed u/s 54B & 54F of the Act, which have not been considered. In light of these facts Ld.Counsel for the assessee requested for setting aside all the issues raised in both these appeals to the file of Ld. Assessing Officer (In short Ld.A.O) for denovo adjudication. 2 Kamla Bai & Akhilesh Joshi ITA No.578 to 579/Ind/2017
4. Ld. Departmental Representative though supported the orders of lower authorities but did not oppose to the request of Ld.Counsel for the assessee for setting aside all the issues raised in these two appeals to the file of Ld.A.O for denovo adjudication.
5. We have heard rival contentions and perused the records placed before us. In both these appeals relating with Smt. Kamla Bai and Shri Akhilesh Joshi multiple grounds have been raised apart from challenging the reopening of the assessment. Grounds have been raised against the addition for Long Term Capital Gain at Rs.59,48,470/-. in the hands of both the assessee's made on account of invoking of the provisions of section 50C(3) of the Act, adopting the value assessed by the Stamp Valuation Authority which is higher than the sale consideration received by the assessee's. Grounds have also been raised for not allowing deduction u/s 54B and 54F of the Act. Revenue has not controverted the fact that Ld.CIT(A) has not dealt with the issue for giving deduction u/s 54B and 54F of the Act even when the assessee has filed necessary documents. Various submissions of the assessee have also not been considered which relates to the 3 Kamla Bai & Akhilesh Joshi ITA No.578 to 579/Ind/2017 ownership of the property which is contended to be that of Hindu Undivided Family (HUF) property being ancestral in nature and additions wrongly made for 1/3 of the long term capital gain even when the property was inherited by 6 persons. Issue has also been raised for the benefit u/s 54B and 54F of the Act which were not entertained even when the assessee was carrying on agriculture operation on the alleged land sold during the year. Assessee's challenge for reviewing the provision of Section 50C have not been considered even when the impugned land was situated below the high tension line situated at a hilly area with a "Nalla" going nearby. The assessee's request for referring the valuation to the Stamp Valuation Officer was also not considered by the Ld.A.O.
6. In view of the above and in the given facts and circumstances of the case we are of the considered view that all the issues raised in both these appeals needs to be set aside to the file of Ld.A.O for afresh adjudication. We accordingly order so. We also direct the assessee to remain compliant to the notice for hearing issued by the Ld.A.O and submit necessary documents and records in support of his contentions so that proper adjudication could be done by the 4 Kamla Bai & Akhilesh Joshi ITA No.578 to 579/Ind/2017 Ld.A.O. Needless to mention that proper opportunity of being heard should be provided to the assessee.
7. In the result both the appeals of the assessee are allowed for statistical purposes.
The order pronounced in the open Court on 17.10.2018.
Sd/- Sd/-
( KUL BHARAT) (MANISH BORAD)
JUDICIAL MEMBER ACCOUNTANT MEMBER
दनांक /Dated : 17 October, 2018
/Dev
Copy to: The Appellant/Respondent/CIT concerned/CIT(A)
concerned/ DR, ITAT, Indore/Guard file.
By order
Private Secretary/DDO, Indore
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