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Income Tax Appellate Tribunal - Pune

Shivaji Vithalrao Narhare, Latur vs Ito, Ward-1, Latur, Latur on 12 August, 2024

     IN THE INCOME TAX APPELLATE TRIBUNAL
              PUNE BENCH "SMC", PUNE
 BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER

              आयकर अपील सं. / ITA No.1107/PUN/2024
                नधारण वष / Assessment Year : 2015-16

     Shivaji Vithalrao Narhare,            Vs.   Income Tax Officer,
     Plot No.236, Suraya Bungal,                 Ward-1, Latur
     Avishkar Housing Society,
     RTO Office, Babalgaon Roads,
     Sarola, Latur - 413 512
     Maharashtra
     PAN : AAHPN3610J
                 Appellant                           Respondent

     Assessee by                :   None
     Revenue by                 :   Shri Satyajit Mandal

     Date of hearing            :   12.08.2024
     Date of pronouncement      :   12.08.2024

                           आदे श / ORDER

PER INTURI RAMA RAO, AM:

This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre (NFAC), Delhi dated 08.04.2024 for the assessment year 2015-16.

2. Brief facts of the case are as under :

The appellant is an individual, filed the Return of Income for the A.Y. 2015-16 on 24.03.2017 declaring income of Rs.1,96,070/-. Against the said return of income, the assessment was completed by the Assessing Officer vide order dated 27.12.2017 u/s.144 of the Income- tax Act, 1961 (hereinafter also called 'the Act') by assessing to tax 50% 2 ITA No.1107/PUN/2024 of the interest received on enhanced compensation of Rs.78,26,144/- u/s.56(2)(viii) r.w.s.57(iv) and section 145A(b) of Act.

3. Being aggrieved, an appeal was filed before the CIT(A)/NFAC contending that the interest received is nothing but a compensation on acquisition of the agricultural land, hence not liable to tax. However, the ld. CIT(A)/NFAC placing reliance on the provisions of section 57(iv) r.w.s.56(2)(viii) r.w.s.145A(b) of the Act, confirmed the action of the Assessing Officer.

4. Being aggrieved, the appellant is in appeal before the Tribunal.

5. When the matter was called on, none appeared on behalf of the appellant despite due service of notice of hearing.

6. I heard the ld. Sr. DR and carefully perused the material on record. I find the action of the AO in bringing to tax the interest received on enhanced compensation is in conformity with the provisions of section 57(iv) r.w.s.56(2)(viii) r.w.s.145A(b) of the Act. The ld.CIT(A)/NFAC had rightly confirmed the action of the Assessing Officer. Therefore, I do not find any reason to interfere with the order of the CIT(A)/NFAC. Thus, there is no merit in the grounds of appeal filed by the appellant.

7. In the result, the appeal filed by the assessee is dismissed.

Order pronounced on this 12th day of August, 2024.

Sd/-

(S. S. VISWANETHRA RAVI)                       (INTURI RAMA RAO)
    JUDICIAL MEMBER                           ACCOUNTANT MEMBER

पुणे / Pune; दनांक / Dated : 12th August, 2024. Satish 3 ITA No.1107/PUN/2024 आदेश क ितिलिप अ िे षत / Copy of the Order forwarded to :

1. अपीलाथ / The Appellant.
2. यथ / The Respondent.
3. The Pr. CIT concerned
4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, "SMC" ब च, पुणे / DR, ITAT, "SMC" Bench, Pune.
5. गाड फ़ाइल / Guard File.

आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.