2022 (1) TMI 234 - AT - Income Tax

Income from other sources - consideration received in excess of consideration recorded in Sale Deed - Admission of additional evidence - HELD THAT - The dispute in respect of actual sale consideration has not been decided based on evidences filed by assessee. We note that the Ld. CIT(A) rejected additional evidences. It is noted that the Ld. CIT(A) held the sale proceeds received by assessee over and above the sum mentioned in the registered sale deed as Income from other sources. In our view, the Ld. CIT(A) should have admitted the additional evidences and considered the claim in the light of additional evidences filed by assessee. Exemption u/s. 54F with regard to the investment in the residential property - Assessee is entitled to make fresh claim for deduction or relief before the appellate authorities, during the course of the appellate proceedings, irrespective of whether claim not being made before Ld. AO by revising the return of income or during the course of the assessment proceedings. The decision by Hon'ble Supreme Court in Goetze (India) Ltd. 2006 (3) TMI 75 - SUPREME COURT does not prohibit such claim before the appellate authorities. We therefore remand both these issues to the Ld. AO to consider it afresh. The Ld. AO shall first decide the actual amount of sale consideration received by assessee based on the agreement entered into by the parties towards sale of property, followed by the claim under section 54F by assessee based on the principles laid down by Hon'ble Supreme Court in case of Comm. of Customs vs. M/s. Dilip Kumar Co. 2018 (7) TMI 1826 - SUPREME COURT - Appeal filed by assessee stands allowed for statistical purposes

Issues:
1. Discrepancy in sale consideration recorded in the sale deed.
2. Claim of exemption u/s. 54F on the investment in residential property.
3. Rejection of additional evidences by the Ld. CIT(A).
4. Entitlement to make fresh claim for deduction u/s. 54F before appellate authorities.

Analysis:
1. The case involved a dispute regarding the sale consideration recorded in the sale deed. The Ld. AO found a difference in the consideration claimed by the assessee and what was recorded in the sale deed. The Ld. AO treated the difference as unexplained income from other sources and made an addition to the total income. The Ld. CIT(A) upheld this decision and rejected the additional evidences filed by the assessee. However, the ITAT held that the Ld. CIT(A) should have admitted the additional evidences and considered the claim in light of the new evidence.

2. The assessee had claimed exemption u/s. 54F for the investment in residential property. The Ld. CIT(A) did not accept the claim and rejected the additional ground raised by the assessee in this regard. The ITAT observed that the assessee is entitled to make a fresh claim for deduction or relief before the appellate authorities, even if the claim was not made before the Ld. AO. The ITAT remanded this issue to the Ld. AO to consider afresh, directing the AO to verify if the assessee satisfies the basic requirements to claim the benefit under section 54F.

3. The Ld. CIT(A) rejected the additional evidences filed by the assessee. The ITAT held that the Ld. CIT(A) should have admitted the additional evidences and considered the claim in light of the new evidence. The ITAT remanded the issue back to the Ld. AO for fresh consideration based on the additional evidence filed by the assessee.

4. The ITAT clarified that the assessee is entitled to make a fresh claim for deduction or relief before the appellate authorities, even if the claim was not made before the Ld. AO. The ITAT remanded the issue of claim u/s. 54F back to the Ld. AO for fresh consideration based on the principles laid down by the Hon'ble Supreme Court. The assessee was directed to file all necessary evidences/documents in support of its argument and claim.

In conclusion, the ITAT allowed the appeal filed by the assessee for statistical purposes and directed the Ld. AO to consider the issues of sale consideration and claim u/s. 54F afresh based on the additional evidence provided by the assessee.

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