2022 (5) TMI 106 - AT - Income Tax

Tribunal upholds setting aside of assessment order under due to deduction discrepancies

Shri Kisho Babubhai Sakhiya Khodiyar Krupa Versus The Pr. CIT-1 Rajkot.

Shri Kisho Babubhai Sakhiya Khodiyar Krupa Versus The Pr. CIT-1 Rajkot. - TMI Issues:1. Grant of adjournment due to family emergency2. Correctness of assessment order under section 263 of the Income Tax Act, 19613. Validity of deduction claimed under section 54B of the Act4. Jurisdiction of the Principal Commissioner of Income TaxIssue 1: Grant of adjournment due to family emergencyThe appeal was filed by the assessee against an order passed by the Pr.Commissioner of Income-tax, Rajkot-1. The assessee sought an adjournment due to family emergencies related to the Covid-19 pandemic. Despite repeated adjournments and lack of appearance by the assessee, the Tribunal adjourned the matter to provide a fair opportunity. However, as the assessee did not appear, the Tribunal proceeded ex parte.Issue 2: Correctness of assessment order under section 263 of the Income Tax Act, 1961The Pr.CIT observed that the assessee had incorrectly claimed deduction under section 54B of the Act regarding the transfer of an agriculture land, which was held for less than two years. The Pr.CIT issued a show cause notice under section 263, setting aside the assessment order and directing a fresh assessment. The assessee contended that the land was held for over two years, but the Pr.CIT found discrepancies in the submission and deemed the assessment order erroneous for lack of proper verification.Issue 3: Validity of deduction claimed under section 54B of the ActThe assessee claimed deduction under section 54B for the transfer of a capital asset, an agriculture land. The Pr.CIT found that the land was not held for the required two years before transfer, and investments in other lands were made before the transfer date. The Pr.CIT concluded that the deduction claimed was not valid and required disallowance.Issue 4: Jurisdiction of the Principal Commissioner of Income TaxThe assessee challenged the jurisdiction of the Principal Commissioner of Income Tax in passing the order under section 263. The Tribunal upheld the Pr.CIT's order, noting the lack of assistance from the assessee and the correctness of the decision to set aside the assessment order. The grounds raised by the assessee were rejected, and the Pr.CIT's order was confirmed, resulting in the dismissal of the appeal.This comprehensive summary covers the issues involved in the legal judgment, detailing the circumstances, arguments, and decisions made by the authorities and the Tribunal.