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2019 (11) TMI 628 - AT - Income TaxAssessment u/s 153A - CIT(A) not holding the income on account of surrender of tenancy rights as income from other sources as held by the AO instead of income from long term capital gain, as shown by the assessee - CIT(A) allowing deduction u/s 54F - HELD THAT - CIT (A) has rightly deleted the addition made in the assessment order framed u/s 153A on the ground that when assessment is not abated and no incriminating evidences were found in search and seizure operation conducted u/s 132 of the Act, no addition can be made. So, finding no illegality or perversity in the impugned order passed by the ld. CIT (A), present appeal filed by the Revenue is hereby dismissed.
Issues:
1. Determination of income on account of surrender of tenancy rights. 2. Allowance of deduction under section 54F. 3. Validity of the assessment order. Issue 1: Determination of income on account of surrender of tenancy rights: The appellant, Revenue, sought to set aside the order passed by the Commissioner of Income-tax (Appeals) regarding the treatment of income from surrender of tenancy rights. The Assessing Officer (AO) observed that the assessee showed Long Term Capital Gain (LTCG) on the surrender of tenancy rights and claimed exemption under section 54F of the Income-tax Act, 1961. However, the AO added the amount to the assessee's income from other sources. The ld. CIT (A) deleted this addition, leading to the Revenue's appeal before the Tribunal. Issue 2: Allowance of deduction under section 54F: Another ground of appeal by the Revenue was the allowance of deduction under section 54F by the ld. CIT (A). The Revenue contended that the income should be treated as income from other sources rather than LTCG, as claimed by the assessee. The Tribunal considered the arguments of both parties and referred to a group case decision. Ultimately, the Tribunal upheld the decision of the ld. CIT (A) in deleting the addition, emphasizing the absence of incriminating material during the search and seizure operation conducted under section 132 of the Act. Issue 3: Validity of the assessment order: The assessment in question was framed under section 153A/143(3) of the Act. It was noted that the addition was made based on the surrender of tenancy rights for a specific amount, which was considered as income from other sources. The Tribunal referred to a similar case involving the father of the assessee and highlighted that when no incriminating evidence was found during the search, no addition could be made under section 153A. The Tribunal concluded that the ld. CIT (A) rightly deleted the addition as the assessment was not abated and no incriminating evidence was discovered during the search and seizure operation. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the decision of the ld. CIT (A). This detailed analysis of the judgment provides insights into the issues raised, the arguments presented by both parties, and the Tribunal's reasoning in arriving at its decision.
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