IN INCOME-TAX APPELLATE TRIBUNAL BENCH, CHENNAI Before Shri A. Mohan Alankamony, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member I T.A. No. 208/Mds/2016 Assessment Year :2011-12 Smt. Shahida Banu, Income Tax Officer, 20, Door No. 5, Dr. Muthulakshmi Vs. International Taxation II(1), Street, Indira Nagar, Valasaravakkam, Chennai . Chennai 600 087. [PAN:BRTPS7057L (Appellant) ( Respondent) Appellant by : Shri T. Vasudevan, Advocate Respondent by : Shri Shiva Srinivas, JCIT Date of hearing : 13.07.2016 Date of Pronounce ment : 16.09.2016 O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by assessee is directed against order of ld. Commissioner of Income Tax (Appeals) 16, Chennai, dated 04.11.2015 relevant to assessment year 2011-12. only effective ground raised in appeal of assessee is that ld. CIT(A) erred in confirming disallowance made under section 54F of Income Tax Act, 1961 [ Act in short]. 2 I.T.A. No.208/M/16 2. Brief facts of case are that assessee is individual, earning income from capital gains and income from other sources and filed her return of income for assessment year 2011-12 on 26.07.2011 admitting total income of .1,07,078/-. case of assessee was selected for scrutiny and notice under section 143(2) of Act dated 31.07.2012 was issued and duly served on assessee. questionnaire along with notice under section 142(1) of Act 25.06.2013 was also issued and served on assessee. In response thereto, assessee filed details. From details available on record, Assessing Officer has noticed assessee has made cash deposit of .45,05,000/- in Indian Bank, Valasaravakkam Branch during financial year 2010-11. assessee was asked to explain source for cash deposit made with evidence. assessee vide submission dated 20.03.2014 has stated that cash deposits were made out of sale of vacant land at Uthandi, Chennai through POA on 10.06.2010 and in support of same, assessee has filed sale receipt dated 10.06.2010 from POA holder for sum of .48,00,000/-. As deposits in Indian Bank account tallies with date of sale receipt i.e., deposits were made after sale of land as per sale receipt, Assessing Officer has accepted same. assessee has not offered capital gains on transfer of said land in return of income, wherein interest on bank deposits of .1,07,770/- only was offered. However, during 3 I.T.A. No.208/M/16 course of assessment proceedings, assessee furnished computation of capital gains vide submission dated 20.03.2014 before Assessing Officer and claimed deduction of capital gain under section 54F of Act, but assessee has not filed any supporting document. Therefore, Assessing Officer disallowed deduction of capital gains and added to total income of assessee. 3. assessee carried matter in appeal before ld. CIT(A) and submitted sale consideration was fully utilized by executing construction agreement with AR Builders for construction of house in property, which was purchased on 25.03.2004 and construction of house was completed on 15.06.2011. Before ld. CIT(A), assessee has furnished copy of construction agreement dated 10.12.2010, details regarding quotation for proposed residential building at S 7 & 12, V.P. Katha, No. 1211, Thanisandra Village, Hobli, Karnataka. However, since assessee has not furnished any evidence with regard to purchase of property, payment thereof, etc., ld. CIT(A) confirmed disallowance made by Assessing Officer. 4. On being aggrieved, assessee is in appeal before Tribunal. In form of paper book, by filing various particulars, ld. Counsel for assessee has pleaded that assessee may be given one more opportunity to furnish details before Assessing Officer. 4 I.T.A. No.208/M/16 5. On other hand, ld. DR supported orders of authorities below. 6. We have heard both sides, perused materials available on record and gone through orders of authorities below. Since assessee has not furnished any relevant details before authorities, Assessing Officer disallowed claim of deduction of capital gains under section 54F of Act, which was confirmed by ld. CIT(A). Before us, ld. Counsel for assessee filed copy of sale deed dated 25.03.2004 for land purchased by assessee in Bangalore, sale receipt dated 10.06.2010 for Uthandi land sold by assessee, house completion and handing over letter by builder, property tax receipts, photocopy of building constructed by assessee and prayed that assessee be given one more opportunity to furnish all details before Assessing Officer for verification. To meet ends of justice, we are of opinion that assessee should be given one more opportunity to furnish all details before Assessing Officer. Accordingly, we set aside order passed by ld. CIT(A) and remit matter back to Assessing Officer to verify details as filed by assessee before Tribunal and decide issue afresh in accordance with law after allowing opportunity of being heard to assessee. assessee is also directed to furnish all details before 5 I.T.A. No.208/M/16 Assessing Officer for verification. Thus, ground raised by assessee is allowed for statistical purposes. 7. In result, appeal filed by assessee is allowed for statistical purposes. Order pronounced on 16th September, 2016 at Chennai. Sd/- Sd/- (A. MOHAN ALANKAMONY) (DUVVURU RL REDDY) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 16.09.2016 Vm/- Copy to: 1. /Appellant, 2.Respondent, 3. CIT(A), 4. CIT, 5. DR & 6. GF. Shahida Banu v. Income Tax Officer, International Taxation II(1), Chennai