Case Law Details
Late Smt. Kanta Chandak Vs ITO (ITAT Jodhpur)
On merits, the ld. AR submitted that the issue raked up by Ld PCIT relate to the deduction claimed by these assessees u/s 54 of the Act, which was allowed by the AO in the original assessment proceedings. He submitted that these assessees could not furnish proper materials and could not make proper representation before ld. PCIT. He submitted that ld. PCIT had set aside the deduction claimed by the assessees u/s 54 of the Act and directed the AO to examine the claim afresh. In the set aside proceedings, the AO has accepted that the assessees have invested capital gains in construction of residential house. However, the AO has not fully allowed the deduction as claimed by these assessees, on the reasoning that these assessees have also constructed commercial building. The ld. AR submitted that the assessees have not constructed any commercial building as averred by the tax authorities. He submitted that the assessees would like to place certain records before ld. PCIT so that he could be satisfied with regard to the claim made u/s 54 of the Act. Accordingly, he prayed that these assessees may be provided with one more opportunity to present their cases properly before the ld. PCIT.
We heard ld. DR on these issues and perused the record. Since the issues contested in these appeals relate to factual aspects and since the ld. AR submits that the assessees would be in a position to place all availabile records to prove their claim for deduction u/s 54 of the Act before Ld PCIT, in the interest of natural justice, we are of the view that these assessees may be provided with one more opportunity to present their case before ld. PCIT. Accordingly we set aside the orders passed by ld. PCIT in the hands of these assessees and restore all the issues to his file for examining them afresh.
FULL TEXT OF THE ORDER OF ITAT JODHPUR
Both the appeals filed by the respective assessees are directed against the revision orders passed by ld. PCIT, Bikaner in their respective hands and both the appeals relate to the Assessment Year 2013-14.
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