Chinna Gounder Subramaniam v. Prinicpal Commissioner Of Income Tax,2 Coimbatore Income Tax Department O/O The Commissioner Of Income Tax Pcit/Cit 2 Coimbatore

Chinna Gounder SubramaniamNo.34, Harvey Road,Tirupur 641 602...PetitionerVs. 1.Prinicpal Commissioner of Income Tax,2 Coimbatore Income Tax Department O/O The Commissioner of Income Tax PCIT/CIT 2 Coimbatore 2.Asst. Commisioner of Income Tax Circle-1 Tirupur ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitu-tion of India praying to issue Writ of Certiorarified mandamuscalling for the records of the 1st respondent in her proceedingsleading to te passing of the order vide order no.C.No.321 (2)/PCIT-2/che/2019-20 dated 16.03.2020 quash the same and furtherdirect the 2nd respondent to pass order deleting the addition ofCapital Gains on sale of Agricultural land for the AY 2016-17. The challenge in this matter is to an order of revisionpassed by the Commissioner under Section 264 of the Income TaxAct, 1961 (in short 'Act') dated 16.03.2020 . 2. On 01.03.2021, I have passed the following order: The challenge is to an order of the Commissionerof Income Tax dated 16.03.2020 passed under Section264 of the Income Tax Act, 1961 (in short 'Act')whereunder order of assessment dated 29.12.2018stands confirmed. https://hcservices.ecourts.gov.in/hcservices/ 2. The issue that arises is as to whether landssold by the petitioner qualify for exemption and,from the levy of capital gains tax whether such landswould constitute a capital asset in terms of Section2(14) of the Act. The first piece of land atThekkalur, Avinashi is jointly held by the petitionerand his wife (11.4 acres of land) and the secondpiece of land at Guntur, Andhra Pradesh is jointlyheld by the petitioner along with one, R.Duraisamy(11.56 acres of land). 3. I am given to understand that the jointowners in both cases have filed first appeals beforethe Commissioner of Income Tax (Appeals) (CIT (A)).Appellate remedy is more appropriate in such cases asthe powers of the first Appellate Authority are co-terminus with that of the Assessing Officer andfacilitatemorecompleteandcomprehensiveassimilation and appreciation of facts. Thepetitioner has, however, chosen to approach theCommissioner of Income Tax by way of revision. 4. A suggestion was made to the effect that thepetitioner may be permitted to approach the CIT(A) byway of appeal to be heard along with the appealfiled by the petitioner's wife in one case andR.Duraisamy in the other and the petitioner hasno objection to the same. Mr.A.P.Srinivas, learnedSenior Standing Counsel seeks some time to obtaininstructions in this regard. Mr.Srinivas will alsoascertain whether both the appeals are yet pending.5. List on 08.03.2021 immediately afteradmission. 3. Today Mr.A.P.Srinivas, learned Senior Standing Counselsubmits written instructions issued by the Income Tax Officer,(H.Q.) (Judl) O/o PCIT-1, Coimbatore to the effect that thepetitioner may be permitted to file an appeal before theCommissioner of Income Tax (Appeals) (CIT (A)) to be heard alongwith the appeal of the petitioners' wife which is pendingbefore the CIT(A), Coimbatore for which the following referenceis given 'CIT(A)-Form No.35 Ack. No.411649720220119 dated22.01.2019'. He would also submit that no appeal has been filedby R.Duraisamy as against the addition made in his case. 4. In the light of the aforesaid, the petitioner ispermitted to file an appeal before the CIT (A) within a periodof four weeks from today. Since the original of the order ofassessment dated 29.12.2018 has been filed along with revision https://hcservices.ecourts.gov.in/hcservices/ petition, production of the same before the CIT (A) shall bedispensed and the petitioner is permitted to approach the CIT(A) along with a certified copy of the order of assessment dated29.12.2018. 5. With the passing of the above order, this writ petitionis rendered infructuous, and is dismissed as such. Connectedmiscellaneous petition is closed. No costs. s/d- Assistant Registrar 4. In the light of the aforesaid, the petitioner ispermitted to file an appeal before the CIT (A) within a periodof four weeks from today. Since the original of the order ofassessment dated 29.12.2018 has been filed along with revision https://hcservices.ecourts.gov.in/hcservices/ petition, production of the same before the CIT (A) shall bedispensed and the petitioner is permitted to approach the CIT(A) along with a certified copy of the order of assessment dated29.12.2018. 5. With the passing of the above order, this writ petitionis rendered infructuous, and is dismissed as such. Connectedmiscellaneous petition is closed. No costs. s/d- Assistant Registrar True Copy Sub-Assistant RegistrarskaTo 1.The Prinicpal Commissioner of Income Tax,2 Coimbatore Income Tax Department O/O The Commissioner of Income Tax PCIT/CIT 2 Coimbatore2.The Asst. Commisioner of Income Tax Circle-1 Tirupur +1 CC to Mr.A.P.Srinivas, Advocate sr 14525.W.P. Nos.13180 of 2020 &WMP. No.16604 of 2020PMK(CO)SP(18/03/2021)