IyajooL vs Income Tax Officer

Parties Involved

Facts Summary

The assessment in this case was passed under section 144 of the Income Tax Act, 1961 by treating an amount of Rs.25,17,933/- being 50% of interest of enhanced compensation of Rs.50,35,866/- received by the assessee from New Okhla Industrial Development Authority (NOIDA) on which TDS amounting to Rs.5,03,587/- was deducted, which was reflected in Form No.26AS of the assessee. The assessee filed an appeal before the Commissioner of Income Tax (Appeals), which was dismissed ex-parte. The assessee then appealed to the Income Tax Appellate Tribunal, claiming that he was an illiterate person and not familiar with the income tax proceedings. The Tribunal considered the submission and condoned the delay in filing the appeal.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) erred in confirming the reassessment order under section 144 of the Income Tax Act, 1961.
• 2. Whether the Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs.25,17,930/- by recording incorrect facts and findings and without observing the principle of natural justice.
• 3. Whether the Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 25,17,930/- when interest on compensation awarded under section 28 of the Land Acquisition Act is exempt under section 10(37) of the I. T. Act, 1961.
• 4. Whether the Commissioner of Income Tax (Appeals) erred in not reversing the action of the Assessing Officer in charging interest under sections 234A and 234B of the Act.

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Dy. Commissioner of Income Tax, Circle-77(1) Vs M/s Sikka Infrastructure Pvt. Ltd.

  Delhi Bench benchAY 2012-13Dismissed

• Dimple Bhatia Batta vs. National Faceless Appeals Centre

  Delhi Bench 'B', New Delhi benchAY 2018-19Allowed

• New Okhla Industrial Development Authority vs. Chief Commissioner of Income Tax & Ors.

  Supreme Court bench

• ITA No. 1839/Del/2024

  Delhi Bench benchAY 2014-15Dismissed

• Ramgiri Vs. Income Tax Officer, Ward-3(1)

  Delhi Bench ‘F’ benchAY 2018-19Allowed

• Nayana Digant Kapadia Vs. Income Tax Officer

  H(SMC) Bench, Mumbai benchAY 2017-18Allowed