2023 (4) TMI 243 - AT - Income Tax

Validity of order u/s 144 - addition being share of assessee in sale of property - assessee claims for 54F exemption denied - HELD THAT:- We find that the assessee is an illiterate farmer and claims that he was not properly presented in the assessment and appellate proceedings. Moreover, the assessee claims that he was misguided by the consultant. We further note that the assessee claims for u/s 54F exemption has also been denied by referring the decision of the Hon’ble Apex Court in the case of Goetze (India) Ltd [2006 (3) TMI 75 - SUPREME COURT]

We find in the interest of justice will be well served if the matter is remitted to the file of the Assessing Officer to consider the issue afresh.

As regards, the assessee claims for exemption u/s 54F of the Act, we note that in Goetze (India) Ltd. (supra) the Hon’ble Apex Court has expounded that the said decision would not impinge upon the powers of ITAT in dealing with the claim otherwise than by revised return. Accordingly, we direct that the above ground be admitted and decided as per law. Appeal of the assessee is allowed for statistical purposes.