2014 (6) TMI 322 - AT - Income Tax

Successful appeal on denial of exemption for long term capital gains due to procedural errors.

The appellant's appeal against the denial of exemption under section 10(38) of the Income-tax Act, 1961, on long term capital gains from the sale of ... Denial of exemption u/s 10(38) of the Act – LTCG on sale of shares – Sale consideration treated as undisclosed sources – Held that:- It does not emerge as to what is the exact allegation to assess the income of the assessee - CIT(A) has raised list of objections against assessee but it has not been disputed that the objections were not communicated to assessee during hearing of first appeal – thus, the matter is required to be remitted back to the AO for fresh adjudication – Decided in favour of Assessee. Issues:Appeal against denial of exemption u/s 10(38) on long term capital gains on sale of shares.Analysis:The appellant's appeal was against the CIT(A)'s order denying exemption u/s 10(38) of the Income-tax Act, 1961, related to the assessment year 2006-07. The sole ground raised was the denial of exemption on long term capital gains from the sale of shares. The appellant had purchased shares of a company in the previous assessment year, and the sale proceeds were claimed as long term capital gains exempt u/s 10(38). However, the assessing officer disallowed the claim, treating the sale proceeds as income from undisclosed sources. The assessing officer raised concerns about the genuineness of the transactions and the lack of evidence to support the claim. The CIT(A) upheld the assessing officer's decision, adding new points not previously communicated to the appellant.The appellant challenged the order on various grounds, including the lack of clarity on what aspect of the transaction was being questioned, the timing of the questioning of share purchase in the current assessment year, and the failure to communicate objections before deciding the issue. The assessing officer and the CIT(A) supported their respective orders.Upon review, the Tribunal found discrepancies in the communication of objections to the appellant and the lack of clarity on the specific allegations regarding the income assessment. The Tribunal noted that the objections raised by the CIT(A) were not communicated during the first appeal, violating principles of natural justice. Consequently, the Tribunal set aside the decision and remanded the issue back to the assessing officer for reconsideration, emphasizing the need for a fair hearing and compliance with legal procedures.In conclusion, the appellant's appeal was allowed for statistical purposes, and the case was remanded to the assessing officer for a fresh decision in accordance with the law, ensuring the appellant's right to be heard and addressing the observations made by the Tribunal.