TMI Blog2022 (9) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... er under Section 54B - HELD THAT:- Power of the Tribunal to admit additional grounds in respect of matter relating to which necessary information is on record, is now well established. As held in the case of CIT vs. Stepwell Nature Limited [ 1997 (8) TMI 5 - SUPREME COURT] that where a claim was not made either before the Assessing Officer or the first appellate authority and the relevant facts on the basis of which the claim could be adjudicated upon are not available in the records of either the Assessing Officer or the First Appellate Authority, the claim ought not to be entertained by the Tribunal. As in National Thermal Power Company Ltd . [ 1996 (12) TMI 7 - SUPREME COURT] also observed that the Tribunal has jurisdiction to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri AT Panda Adv For the Respondent : Shri Anil Kumar Sharma, Sr.DR ORDER PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the Assessee against the order of the Commission of Income Tax (Appeals)-XI, New Delhi [ CIT(A) in short] dated 02.01.2018 arising from the assessment order dated 23.03.2016 passed by the Assessing Officer (AO) under Section 143(3) of the Income Tax Act , 1961 (the Act) concerning AY 2013-14. 2. Briefly stated the assessee is an individual. For the Assessment Year 2013-14, return declaring an income of Rs.21,40,350/- was filed by the assessee. In the return of income, the Long Term Capital Gain arising on sale of agricultural land at Village Biranvas, Tehsil Kotkasim (Khasra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/-. 3. Aggrieved, the assessee preferred appeal before CIT(A) seeking to challenge denial of deduction from Long Term Capital Gain under S. 54B/54F of the Act. However, the CIT(A) declined to interfere with the action of the AO. 4. Further aggrieved, the assessee preferred before the Tribunal. 5. As per the impugned grounds of appeal, the assessee has challenged the disallowance of Rs.46,51,412/- with reference to Section 54B of the Act. The assessee also filed additional ground to the effect that the capital gains on sale of agricultural land at Village Biranvas, Tehsil Kotkasim was not taxable at the first instance owing to the fact that the land in question was situated beyond 8 kms of Municipal limits of Bhiwadi and as such, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edly not available on record. The additional evidences also are being filed by the assessee to support the additional ground without showing any reason for such belated reference. The ld. DR referred to the decision rendered by the Hon ble Delhi High Court in Shri Raghbir Singh and others vs. Government of Nct of Delhi and Ors. Judgment dated 01.02.2005 to emphasize that a party to the litigation must be vigilant and is not entitled to approach the Court after enormous delay without any satisfactory explanation. The failure of the person, who has the right to approach the authority, to so approach within a reasonable time amounts to a waiver of the right and is, thus not liable to be heard in the matter. The ld. DR further referred to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee in the instant case has inter alia sold certain agricultural land at Village Biranvas, Tehsil Kotkasim giving rise to capital gain of Rs.46,51,412/- thereon. The assessee claimed exemption under Section 54B. The Assessing Officer however found that the sale proceeds of the agricultural land have not been utilized for purchase of agricultural land but rather used in purchase of commercial property at Gurgaon. Thus, the exemption claimed under Section 54B as well as alternative claim made under Section 54F was rejected by the Assessing Officer on the premise that the conditions for claim of deduction are not fulfilled either under Section 54B or under Section 54F of the Act. As a sequel, the assessee was made liable to pay tax on cap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in National Thermal Power Company Ltd. vs. CIT, 229 ITR 383 (SC) also observed that the Tribunal has jurisdiction to examine a question of law which arises from facts available on the records of Revenue authorities. Hence as per the judicial precedents, the Tribunal cannot entertain a new ground unless such ground can be decided with reference to the material already on record. In the instant case, it is an admitted position that the evidences to support the additional ground were not available before the Revenue authorities and sought to be placed for admission by way of additional evidence before us. 13. Under the circumstances, in the absence of relevant facts available before revenue authorities, we are not inclined to admit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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