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Judgment
This assessee’s appeal for Assessment Year: 2017-18, arises against the Commissioner of Income Tax, Appeal Addl./JCIT(A)-5, Mumbai [in short, the Addl./JCIT(A)”], Mumbai DIN and Order No. ITBA/APL/S/250/2024-25/1071609917(1), dated 27.12.2024 involving proceedings under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).
Heard both the parties. Case file perused.
The assessee’s delay of 350 days in filing of the instant appeal is condoned in light of his condonation averments/affidavit going unrebutted from the Revenue side as well as in the light of Collector, Land & Acquisition Vs. Mst. Katiji & Others [1987] 167 ITR 471 (SC).
It transpires during the course of hearing that the assessee/appellant raises his solitary substantive ground directed against both the learned lower authorities’ respective assessment and lower appellate findings adding long term capital gains of Rs. 31,06,675/- derived from sale/transfer of land(s) situated in the revenue state of village Katra, Distt. Meerut, U.P.
That being the case, learned counsel invited the tribunal’s attention to the last order dated 04.05.2026 seeking Tehsildar’s report regarding the aforesaid village population as per the last census held in the year 2011. He has now filed the very document indicating total population of the aforesaid village as 10 of which 7 are males which has gone unrebutted from the Revenue side. Faced with the situation and as per PCIT v. Anil Kumar Sharma [2023] ITR 441 (Bombay), I hereby noted that both the learned lower authorities could not have noted the assessee’s agricultural lands sold as capital assets(s) u/s 2(14)(iii)(a) of the Act. The impugned long term capital gain additions made in the assesse’s lands stand deleted in very terms.
This assessee’s appeal is allowed.