2022 (10) TMI 1103 - AT - Income Tax

Exemption u/s 54F - claim of the assessee for excess exemption denied - HELD THAT - Exemption u/s 54F was wrongly claimed by the assessee after taking into consideration the amount of Long Term Capital Gain after reducing the exemption claimed under Section 54EC of the Act. As noted by the learned CIT(A) in paragraph No. 6.1.1. of his impugned order, this mistake in the working of exemption under Section 54F was accepted by the authorized representative of the assessee and keeping in view the same, the learned CIT(A) upheld the action of the Assessing Officer in disallowing the claim of the assessee for excess exemption under Section 54F - Thus find no infirmity in the impugned order of the learned CIT(A) in confirming the disallowance made by the Assessing Officer on this issue and upholding the same, dismiss the appeal filed by the assessee.

Summary

Issues:
Addition made on account of disallowance of assessee's claim for exemption under Section 54F of the Income-tax Act, 1961.

Detailed Analysis:
1. The assessee filed an appeal against the order of the Commissioner of Income-Tax (Appeals-1), Vadodara, regarding the disallowance of the claim for exemption under Section 54F of the Income-tax Act. The dispute revolved around the addition made by the Assessing Officer and confirmed by the Commissioner on the grounds of the disallowance of the assessee's claim for exemption.

2. The assessee, an individual, initially declared a total income of Rs. 8,45,749/- for the relevant year. However, during the assessment proceedings, it was found that there was a mistake in computing the exemption under Section 54F of the Act. The Assessing Officer reopened the assessment and questioned the excess claim made by the assessee for exemption under Sections 54F and 54EC of the Act. The assessee explained the capital gains from the sale of a plot and investments made, claiming deductions under Section 54F. The assessee's contention was based on the interpretation of relevant sections of the Act.

3. The Assessing Officer disallowed the excess claim of Rs. 4,88,645/- made by the assessee after a detailed assessment of the figures provided. The disallowance was based on the calculation of deductions allowed under Sections 54EC and 54F, resulting in a difference between the claimed amount and the actual deduction permissible.

4. The assessee challenged the disallowance before the Commissioner of Income-Tax (Appeals), reiterating the arguments made before the Assessing Officer. However, the Commissioner upheld the disallowance, emphasizing that the deduction under Section 54F should be calculated based on total long-term capital gains earned. The Commissioner found no merit in the assessee's working and confirmed the disallowance of Rs. 4,88,645/-.

5. Subsequently, the assessee appealed to the Tribunal against the Commissioner's order. However, during the hearing, the assessee did not appear, leading to the Tribunal disposing of the case ex parte. The Tribunal observed the mistake in the assessee's calculation of exemption under Section 54F, which was acknowledged by the assessee's representative. Consequently, the Tribunal upheld the decision of the Commissioner, dismissing the appeal filed by the assessee.

This detailed analysis outlines the issues involved, the arguments presented by the assessee, the decisions of the Assessing Officer and the Commissioner, and the final judgment of the Tribunal, providing a comprehensive overview of the legal judgment.