9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 97 - AT - Income TaxReopening of assessment u/s 147 - admissibility of deduction u/s 54B and in respect of valuation of the property - HELD THAT - Facts of the present case are identical to the facts as were in 2016 (3) TMI 1061 - ITAT DELHI in the case of one of the co-owner and brother of the assessee. Therefore, respectfully following the decision of the Division Bench we hereby set aside the assessment order and direct the AO to make assessment afresh in the light of binding precedent after affording adequate opportunity to the assessee. The grounds raised in this appeal are allowed for statistical purpose only.
Issues Involved:
1. Reopening of assessment based on incorrect information without proper inquiry. 2. Determination of cost of acquisition for agricultural land. 3. Disallowance of rebate under Section 54B of the Income Tax Act. 4. Applicability of ITAT order in the case of co-owner. 5. Eligibility of deduction under Section 54B for agricultural land purchased in the name of the spouse. Analysis: 1. Reopening of Assessment: The appeal challenged the reopening of the assessment based on incorrect information without proper inquiry. The assessee argued that the reasons recorded by the Assessing Officer (AO) were flawed as they did not consider the actual share of the assessee in the agricultural land sold. The Tribunal referred to a similar case where the Division Bench directed the AO to consider the fair market value of the property as of April 1, 1981, based on a valuation report from an authorized valuer. The Tribunal found that the AO did not follow the correct procedure in determining the cost of acquisition. As a result, the assessment order was set aside, and the AO was directed to reassess the case after affording the assessee a proper opportunity. 2. Cost of Acquisition Determination: Regarding the determination of the cost of acquisition for the agricultural land, the Tribunal noted that the AO had incorrectly taken the cost at Rs. 12,000 per bigha without considering the evidence presented by the assessee. The Tribunal referred to the earlier decision involving the co-owner and brother of the assessee, where the matter was remanded to the assessing authority for consideration based on a valuation report by an authorized valuer. The Tribunal directed the AO to reevaluate the cost of acquisition in line with the previous decision, emphasizing the importance of substantiating the fair market value through a proper valuation report. 3. Disallowance of Rebate under Section 54B: The appeal contested the disallowance of rebate under Section 54B of the Income Tax Act for agricultural land purchased by the assessee. The Tribunal observed that the AO had denied the exemption without proper basis, similar to the case of the assessee's brother where the issue was decided in favor of the assessee. The Tribunal allowed the appeal on this ground, directing the AO to reconsider the claim in light of the previous decision. 4. Applicability of ITAT Order for Co-owner: The assessee relied on an ITAT order related to the co-owner's case to support their appeal. The Tribunal acknowledged the relevance of the previous decision in ITA no. 5456/Del/2014 involving the co-owner, where certain deductions were allowed. The Tribunal applied the same reasoning to the present case, setting aside the assessment order and instructing the AO to reassess the case in accordance with the previous decision. 5. Eligibility of Deduction under Section 54B: The issue of eligibility for deduction under Section 54B for agricultural land purchased in the name of the spouse was also addressed. The Tribunal considered the submissions and evidence presented by the assessee, including bank statements showing the source of funds for the land purchase. Relying on a decision from the Delhi High Court and the evidence provided, the Tribunal allowed the deduction under Section 54B, emphasizing that the funds for the acquisition came from the assessee. Consequently, the Tribunal allowed the appeal on this ground as well. In conclusion, the Tribunal allowed the appeal for statistical purposes, setting aside the assessment order and directing the AO to reevaluate the case in line with the precedents and after affording the assessee adequate opportunities.
|
