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Shri Amit Gupta, C/o Heena Industries Pvt. Ltd. Versus ACIT, Circle-I, Faridabad And Vica-Versa

2015 (9) TMI 899 - ITAT DELHI

Reopening of assessment - assessee has not complied with the provisions of section 54B of the Act for claiming deduction - whether reasons to believe do not survive? - CIT(A) deleted the disallowance - Held that:- When the assessee is showing income from business and profession in the return of income either negative or positive, then obviously, the assessee falls within the ambit of non-corporate tax payers which includes partners of the firm and hence, date of filing of return applicable for t .....

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any other valid reason to interfere with the same. Accordingly, sole ground of the revenue being devoid of merits is dismissed. - Decided in favour of assessee.

Declining the claim u/ s 54F - Held that:- We are inclined to hold that the issue raised by the assessee is squarely covered in favour of the assessee by the judgment of Hon’ble Madras High Court in the case of Dr. P.K. Vasnathi Rangarajan vs CIT (2012 (7) TMI 563 - MADRAS HIGH COURT) and the assessee cannot be denied exempti .....

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f the Act and the AO is directed to allow the same to the assessee. - Decided in favour of assessee.

Addition for 'income from house property' - Held that:- From careful reading of the impugned assessment order and order of the CIT(A), we are unable to see any fact or evidence which can substantiate that the assessee actually earned rental income from the said property during the previous year, even we are unable to see any name or entity to whom the said property was rented by the as .....

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rakar, Sr. DR ORDER Per Chandramohan Garg, J. M. These cross appeals by the revenue as well as by the assessee have been preferred against the order of CIT(A), Faridabad dated 26.3.13 in Appeal No. 258/11-12 for AY 2006-07. Revenue s appeal - ITA No. 3292/D/13 for AY 2006-07 2. The Revenue has raised sole ground in this appeal which reads as under:- 1. A) Because the action for the assumption and application of jurisdiction, for reassessment proceedings (u/s 147) is being challenged on facts and .....

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upport this claim, the assessee pointed out before the AO that as per order dated 24.7.2006 of Govt. of India, Ministry of Finance, Dept. of Revenue (CBDT) issued u/s 119(2) (b) of the Act, the date of filing of return was extended to 31.10.06, therefore, the claim of the assessee is established and allowable. The AO dismissed the claim of the assessee u/s 54B of the Act by holding that it is mandatory that the amount of capital gain which was not utilized by the assessee for the purchase of new .....

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sessee filed an appeal before the CIT(A) which was allowed by holding that in view of the order u/s 119(2)(b) of the Act dated 24.7.06 issued by the CBDT and the relevant evidence filed by the assesse in support of depositing of impugned amount in his bank account of 28.10.06, the assessee rightly claimed deduction u/s 54B of the Act and relief was granted to the assessee. The CIT(A) explicitly held that as per order of the CBDT dated 24.7.06 (supra), the due date for furnishing of return of inc .....

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pellate authority and order of CBDT u/s 119(2)(b) dated 24.07.2006 (supra). We have also perused the revised computation of total income available at pages 60 & 63 of the assessee s paper book. Firstly, we find it appropriate to note that admittedly and undisputedly, the fact emerges from the records that the assessee deposited ₹ 32 lakh in Capital Gains Accounts Scheme with PNB on 28.10.06. As per revised computation of income submitted before the AO, the assessee was also a partner i .....

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s and charitable trusts and institutions. 6. On bare reading of the impugned order of the CIT(A), we note that the CIT(A) granted relief to the assessee with following observations and conclusion:- Along with written submissions, the appellant gave a copy of order No. 142/41/200S-TPL(PT) u/s. 119(2)(b) of the Income Tax Act dated 24.07.2006 of the CBDT, as per which the due date for furnishing the return of income for assessment year 2006-07 was extended by the CBDT to 31.10.2006 in all cases of .....

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in his bank account on 28.10.2006, I hold that the appellant rightly claimed the exemption u/s 54B of the Income Tax Act amounting to ₹ 32,00,000/-. This ground of appeal is thus allowed. 7. In view of above, when the assessee is showing income from business and profession in the return of income either negative or positive, then obviously, the assessee falls within the ambit of non-corporate tax payers which includes partners of the firm and hence, date of filing of return applicable for .....

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r any other valid reason to interfere with the same. Accordingly, sole ground of the revenue being devoid of merits is dismissed. Assessee s appeal in ITA No.3474/D/13 for AY 2006-07 8. First of all, ld. Counsel of the assessee submitted that the assessee does not want to press ground no. 1 and hence, the same is dismissed as not pressed. The remaining grounds of the assessee for adjudication read as under:- 2. Because the action for declining the claim (u/ s 54F ) of deduction for ₹ 23,80 .....

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at the AO and the CIT(A) were not justified in dismissing the claim of the assessee for deduction u/s 54F of the Act. Ld. Counsel further contended that conclusion of the authorities below is not sustainable on the fact and in law and on the true and correct provisions of Transfer of Property Act 1882 r/w provisions of the Registration Act 1908 qua the ownership, control and possession of the property through a General Power of Attorney (GPA). Ld. Counsel further submitted that as per judgment o .....

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and was the holder of only 50% of share, then the provisions of section 54F of the Act do not create a rider and the assessee should be held entitled to exemption u/s 54F of the Act. 10. Replying to the above, ld. DR supported the action of the authorities below and submitted that on combined reading of the facts of the case, together with the provisions of section 54 of the Act shows that the appellant assessee should not own more than one residential house on the date of transfer of the origin .....

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learly hit by the proviso (a) (i) to section 54F(1) of the Act. Ld. DR submitted that the AO rightly denied exemption u/s 54 of the Act to the assessee which was rightly upheld and confirmed by the CIT(A), Faridabad. Thus, these grounds of the assessee being devoid of merits may kindly be dismissed. Ld. DR submitted that the benefit of the ratio of decision of Hon ble Madras High Court is not available for the assessee in the present case. 11. Replying to the above, ld. Counsel of the assessee a .....

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h Chander Batra dated 7.5.1993 and submitted that the Testator by way of Will parted with his leasehold rights in the said property in favour of the assessee and Smt. Saroj Rani Aggarwal excluding the rights of his other legal heirs and successors and share of the assessee was only 50% , therefore, in view of decision of Hon ble Madras High Court, joint ownership of the said property with Smt. Saroj Rani Aggarwal would not stand in the way of the assessee for claiming exemption u/s 54 of the Act .....

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assessee owns more than one residential house other than the new asset on the date of transfer of original asset which was old and the revenue wants to tax capital gain on such transfer of asset. In the present case, admittedly and undisputedly, the assessee was owning property no. 2109, Sector 28, Faridabad and claimed exemption u/s 54F of the Act by purchasing property no. 614, Sector 21C, Faridabad. The AO noted that the assessee also owns SFS flat 36F, First Floor, Pocket C, Siddarth Extensi .....

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CIT (supra) supports the case of the assessee wherein their lordships held that the joint ownership of the property would not stand in the way of claiming exemption u/s 54 of the Act. In a peculiar situation where the assessee did not own residential house exclusively in his name and was the holder of 50% share and hence, the assessee was held to be entitled to exemption u/s 54F of the Act. On a specific query from the bench, ld. DR could not show us any other judgement or order which could lea .....

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stified in denying claim of the assessee u/s 54 of the Act and the first appellate authority was incorrect in upholding the action of the AO on this issue. Finally in view of our foregoing discussion, we dismiss the action of the AO as well as impugned order pertaining to the claim of deduction u/s 54F of the Act and the AO is directed to allow the same to the assessee. Accordingly, ground no. 2 of the assessee is allowed. Ground No.3 13. Apropos ground no. 3, ld. Counsel of the assessee submitt .....

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made. 14. Replying to the above, ld. DR supported the action of the AO and the conclusion of the CIT(A) and submitted that during the assessment proceedings, the assessee has simply submitted that all the relevant details of his income were submitted and the assessee nowhere denied having income of ₹ 25,200 from the property situated at Siddarth Extension Residential Scheme, therefore, income in this regard was rightly assessed on the basis of preceding years s facts. Ld. DR also submitte .....

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