ITAT Condones 461-Day Delay, Restores Capital Gains Appeals for Fresh Adjudication in JDA Dispute:

ITAT Condones 461-Day Delay, Restores Capital Gains Appeals for Fresh Adjudication in JDA Dispute The Income Tax Appellate Tribunal (ITAT), Bangalore Bench, recently decided on three appeals filed by Shri Solaraju Narayan Ravikumar for Assessment Years 2006-07 to 2008-09. The tribunal notes that the assessee was not heard during the proceedings before the lower appellate authority. Consequently, the tribunal remanded the case to the ITAT Bangalore for fresh consideration. The Income Tax Authorities had conducted a search operation on February 28, 2008. During the course of the same, the authorities found a Joint Development Agreement (JDA) entered into by the assessee and a developer for the development of land owned by the assessee.

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Based on the findings of the search, the assessee filed his income tax return (ITR) for the year in consideration, i.e., Assessment Year 2008-09, declaring Long-Term Capital Gains (LTCG) and Short-Term Capital Gains (STCG). Later, he claimed that the LTCG should have been taxed in AY 2004-05, the year in which the JDA was executed, and not in the later years. He also contended that while calculating STCG, the cost of construction of flats received under the agreement had been inadvertently omitted. Accordingly, rectification applications under Section 154 of the Income-tax Act were filed before the Assessing Officer, but these were rejected on the ground that there was no apparent mistake in the assessment orders. The aggrieved assessee filed an appeal before the Commissioner of Income Tax (Appeals); however, the same was dismissed on the grounds of the assessee's non-appearance. Thereafter, the assessee approached the ITAT Bangalore with a delay of 461 days. After considering the reasons for the delay, including personal difficulties, the death of the assessee’s parents, and issues relating to representation by counsel, the Tribunal found it in the interest of substantial justice to condone the delay.

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The Tribunal observed that the assessee’s claims required examination on merits and that the appellate authority had not considered them because of the assessee’s absence. Therefore, the ITAT set aside the orders of the Commissioner (Appeals) and restored the matters for fresh adjudication. However, this relief was granted subject to the condition that the assessee deposit Rs 15,000 for each assessment year into the Prime Minister’s National Relief Fund within four weeks. The appeals were accordingly allowed for statistical purposes.