Baderunisa Begum, Hyderabad v. Income Tax Officer, Ward-7(1), Hyderabad

ITA 250/Hyd/2018 | 2009-2010
Pronouncement Date: 15-03-2021 | Result: Allowed

Appeal Details

RSA Number 25022514 RSA 2018
Assessee PAN BANPB8149R
Bench Hyderabad
Appeal Number ITA 250/Hyd/2018
Duration Of Justice 3 year(s) 1 month(s) 9 day(s)
Appellant Baderunisa Begum, Hyderabad
Respondent Income Tax Officer, Ward-7(1), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 15-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-B
Tribunal Order Date 15-03-2021
Last Hearing Date 03-03-2021
First Hearing Date 03-03-2021
Assessment Year 2009-2010
Appeal Filed On 05-02-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO. 250 /HYD./ 201 8 ASSESSMENT YEAR: 20 09 - 10 MRS. BADERUNISA BEGUM VS. ITO WARD 7 (1) HYDERABAD HYDERABAD [ PAN: BANPB8149R ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : S MT. S. SANDHYA A.R. FOR REVENUE : SH. ROHIT MUZUMDAR D.R. DATE OF HEARING : 03/03/ 202 1 DATE OF PRONOUNCEMENT : 15 /03 /202 1 O R D E R PER P. MADHAVI DEVI JM THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 3 HYDERABAD DATED 04.09.2017 RELATING TO A.Y. 20 09 - 10 . HEARD BOTH THE PARTIES. ITA NO . 250 /HYD./ 201 8 AY 20 09 - 10 MRS. BADERUNISA BEGUM HYD. 2 2. BRIEF FACTS OF THE CASE ARE THAT ASSESSEE AN INDIVIDUAL HAD TRANSFERRED AN IMMO VABLE PROPERTY VIDE REGD. DOC. NO. 3165/08 DATED 12.08.2008 WITH A MARKET VALUE OF RS. 83 10 000/ - . SINCE ASSESSE HAS NOT FILED HIS RETURN OF INCOME NOTICE U/S 148 OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT) DATED 30.03.2016 WAS ISSUED TO THE ASSESSEE. IN RESPONSE TO THE SAID NOTICE ASSESSEES SON APPEARED FROM TIME TO TIME AND FILED INFORMATION CALLED FOR. FOR COMPUTATION OF CAPITAL GAIN THE AO APPLIED PROVISIONS OF SECTION 50 C OF THE ACT AND AFTER DEDUCTING PROPORTIONATE COST OF ACQU ISITION AND TH E HOLDING PERIOD BEING LESS THAN THREE YEARS HE TREATED THE SAME AS SHORT TERM CAPITAL GAIN AND BROUGHT IT TO TAX. AGGRIEVED ASSESSE E FILED AN APPEAL BEFORE THE CIT(A) WHO CONFIRMED THE ORDER OF THE AO . THEREFORE ASSESSE E IS IN S ECOND APPEAL BEFORE THE TRIBUNAL BY RAISING THE FOLLOWING GROUNDS OF APPEAL. 1. THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN CONFIRMING TH E ACTION OF THE ASSESSING OFFICER IN INITIATING PROCEEDINGS UL S 148 OF THE INCOME - TAX ACT. 3. THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) OUGHT TO HAVE SEEN THAT THE LAND ADMEASURING 550 SQ. YARDS WAS TRANSFERRED TO MOHD. PERVEZ SAJJAD SON OF THE APP ELLANT FOR A SALE CONSIDERATION OF RS.25 LAKHS. 4. THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) OUGHT TO HAVE CONSIDERED THE FACT THAT THE PROVISIONS OF SEC.50C ARE NOT APPLICABLE TO THE FACTS OF THE CASE AND THE ASSESSING OFFICER IS NOT JUSTIFIED IN AD OPTING THE SALE CONSIDERATION AT RS. 83 10 000/ - BY APPLYING THE PROVISIONS OF SEC. 5 OC OF THE LT. ACT. ITA NO . 250 /HYD./ 201 8 AY 20 09 - 10 MRS. BADERUNISA BEGUM HYD. 3 5. THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) OUGHT TO HAVE CONSIDERED THE FACT THAT THE ASSESSING OFFICER ADDED THE AMOUNT WITHOUT REFERENCE TO THE VALUATION CELL. 6. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF HEARING. 2.1. WHILE REITERATING THE SUBMISSIONS MADE BEFORE THE AUTHORITIES BELOW LD.COUNSEL FOR ASSEESSEE HAS SUBMITTED ADDITIONAL EVIDENCE IN THE FORM OF SALE DEED AND ALSO ENCUMBRANCE CERTIFICATE TO ARGUE THAT THE PROVISIONS OF SECTION 50 C OF THE ACT ARE NOT APPLICABLE TO THE C ASE ON HAND. HE PRAYED THAT ADDITIONAL EVIDENCE BE ADMITTED AND THE ISSUE BE SET ASIDE TO THE FILE OF AO FOR RECONSIDERATION. LD.DR WAS ALSO HEARD. 3. HAVING REGARD TO THE FACT THAT ORDER OF CIT(A) IS EX PARTE THE ASSESSE E AND ASSESSE E HAS NO W FILED ADDITIONAL EVIDENCE IN SUPPORT OF HIS CLAIM WE DEEM IT FIT AND PROPER TO ADMIT THE ADDITIONAL EVIDENCE AND REMAND THE MATTER BACK TO THE FILE OF AO FO R DE NOVO CONSIDERATION IN ACCORDANCE WITH LAW. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 15 /03/2021. SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH MARCH 2021 *GMV ITA NO . 250 /HYD./ 201 8 AY 20 09 - 10 MRS. BADERUNISA BEGUM HYD. 4 COPY OF ORDER FORWARDED TO: 1. M RS. BADERUNISA BEGUM H.NO. 10 - 5 - 6 FLAT NO. 410 MY HOME GLORY APARTMENT MASAB TANK HYDERABAD . 2. ITO WARD 7(1) HYDERABAD 3. ACIT RANGE 7 HYDERABAD 4. C IT( A ) - 3 HYDERABAD . 5 . PR.CIT - 3 HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE