Madhavan Thambi Vijaya Kumar Vs CIT (Appeals) (ITAT Chennai)
Chennai ITAT Remands Section 10(37) Claim After Admitting Additional Evidence on Agricultural Land Acquired for Vizhinjam Seaport Project
The Chennai ITAT restored the assessment to the Assessing Officer for fresh adjudication after the assessee produced additional evidence supporting his claim for exemption under section 10(37) in respect of compensation received on transfer of agricultural land for the Vizhinjam International Seaport Project. The Tribunal noted that the assessee had filed, for the first time, the sale deed, Government acquisition notifications, CBDT Circular No. 36/2016, and an Agricultural Officer’s certificate certifying the agricultural nature of the land, all of which had a direct bearing on the claim for exemption as well as the computation of capital gains. Since these documents required factual verification, the Tribunal set aside the orders of the Assessing Officer and the CIT(A) and directed the Assessing Officer to examine the additional evidence, verify the claim under section 10(37), consider the indexed cost of acquisition and improvement, and pass a fresh assessment after providing adequate opportunity of hearing.
FULL TEXT OF THE ORDER OF ITAT CHENNAI
The captioned Appeal filed by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi, [CIT(A)] dated 15.09.2025 Assessment Year 2018-19.
