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2021 (8) TMI 16 - AT - Income TaxAdmission of additional ground of appeal by CIT-A in absence of revised return of income - HELD THAT - It is settled law that the Assessing Officer is not entitled to consider the revised claim in absence of revised return of income under section 139(5) of the Act. However, these powers are not restricted to the appellate authorities as held in the case of Goetez India Ltd. 2006 (3) TMI 75 - SUPREME COURT and the decision of Mitex Impex, 2017 (3) TMI 233 - GUJARAT HIGH COURT . Considering the factual matrix of the case, that assessee has raised additional claim of excess claim of exemption under section 54B, which has not been examined by the lower authorities. Therefore, we admit the additional ground of appeal and remit the issue back to the Assessing Officer to examine the claim and pass the order in accordance with law. Appeal of the assessee is allowed for statistical purposes.
Issues involved:
Appeal against order of ld. Commissioner of Income tax (Appeals) for assessment year 2013-14 regarding exemption claim under section 54B. Detailed Analysis: 1. Issue of Exemption Claim under Section 54B: The appeal by the assessee was directed against the order of the ld. Commissioner of Income tax (Appeals) for assessment year 2013-14 regarding the exemption claim under section 54B of the Income Tax Act. The assessee initially sought exemption for the purchase of agricultural land at Vasu/315 Sl.No. 142 for ?1.50 crore. However, during the assessment, the assessee filed a revised computation of long-term capital gains and exemption under section 54B for agricultural land at Uhna B No.142, claiming exemption of ?1.91 crores. The Assessing Officer did not discuss or reject the revised claim, thereby denying the enhanced exemption. The assessee appealed to the Ld. CIT(A), who upheld the Assessing Officer's action, stating that since the assessee did not revise the return of income as per section 139(5), the assessment should be based on the original return. The assessee then approached the Tribunal, arguing that the appellate authorities have the power to admit additional claims. The Tribunal, considering the legal precedents, admitted the additional claim and remitted the issue back to the Assessing Officer for examination. 2. Admission of Additional Claim by Appellate Authority: The key question before the Tribunal was whether the Ld. CIT(A) was entitled to admit the additional claim in the absence of a revised return of income. While the Assessing Officer is not authorized to consider revised claims without a revised return under section 139(5), the power to admit additional claims is not restricted to the appellate authorities. Citing the decision of the Hon’ble Supreme Court in Goetz India Ltd. vs. CIT and the jurisdictional High Court in CIT vs. Mitex Impex, the Tribunal held that the appellate authorities, including the Ld. CIT(A) and the Tribunal, can admit additional claims. As the assessee raised an additional claim of excess exemption under section 54B which was not examined by the lower authorities, the Tribunal admitted the additional ground of appeal and directed the Assessing Officer to consider the claim and pass an order in accordance with the law, ensuring the assessee is given a hearing and provides necessary information and evidence. 3. Final Decision and Outcome: In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, emphasizing the need for the Assessing Officer to re-examine the additional claim of exemption under section 54B. The order was announced during the virtual court hearing, ensuring due process and granting the assessee an opportunity to present detailed information and evidence to support the claim.
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