आयकर अपीलीय अधिकरण, ’सी’ न्यायपीठ, चेन्नई।

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI माननीय श्री मनु कु मार धिरर ,न्याधयक सदस्य एवं माननीय श्री अमिताभ शुक्ला , लेखा सदस्य के सिक्ष BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No.1247/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./ SA No.49/Chny/2025, Assessment Years: 2014-15 Althi Venkata Narendra Raju, Deputy Commissioner of Income No.1/355, Kamarajar Salai, Tax, Siruseri, Central Circle-1(2), Chennai-600 130. Chennai.

[PAN: ACUPN4840M]

(अपीलार्थी/Appellant) (

प्रत्यर्थी

/Respondent)

अपीलार्थी की ओर से/ Assessee by : Shri N.V.Balaji, Advocate प्रत्यर्थी की ओर से /Revenue by : Ms.Anitha, Addl.CIT सुनवाई की तारीख/Date of Hearing : 09.07.2025 घोषणा की तारीख /Date of Pronouncement : 13.08.2025 आदेश / O R D E R PER AMITABH SHUKLA, A.M :

This appeal is filed by the assessee against the order bearing DIN & Order No.ITBA / APL / S / 250 / 2024-25 / 1073780636(1) dated 27.02.2025 of the Learned Commissioner of Income Tax [herein after “CIT(A), Chennai for the assessment year 2014-15. The reference to the word “Act” in this order hereinafter shall mean the Income Tax Act, 1961 as amended from time to time.

2.0 The appellant has raised altogether eight grounds of appeal contesting the addition on account of long term capital gains of Rs.3,37,49,272/- made by the Ld.AO vide order dated 28.09.2021 which has been confirmed by the Ld. CIT(A) vide his order dated 27.02.2025. The Ld.Counsel for the assessee submitted that in case ground of appeal No.8, which is a legal ground is adjudicated the rest of the grounds would be academic and may not require specific adjudication. Accordingly, we will consider ground of appeal no.8 first. At the outset, it is imperative to briefly recapitulate the facts of the present case. The present appeal is the Second Round before this Hon’ble Tribunal. It has been submitted that in the first round before this Hon'ble Tribunal in ITA No.2840 of 2018, vide order dated 17.05.2019, the assessment order dated 27.12.2016 passed under section 143(3) of the Act for the AY 2014-15 was set-aside and entire issue was remitted back to the file of the assessing officer with the following observation:-

“….On the strength of the power of attorney executed by the assessee in favour of Shri V.R. Anbuvelrajan and Shri S. Balamurugan, they sold the property for higher consideration. Therefore, it is obvious that as claimed by the assessee, there are two different transactions. One transaction is between the assessee and Shri V.R. Anbuvelrajan & Shri S. Balamurugan. The other transaction is between Shri V.R. Anbuvelrajan & Shri S. Balamurugan with M/s Jacaranda Properties Pvt. Ltd. These two transactions have to be brought for taxation in the respective hands. These facts were not examined by the Assessing Officer. Therefore, the orders of both the authorities below are set aside and the entire issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re-examine the matter in the light of the material that may be filed by the assessee and thereafter decide the 8 I.T.A. No.2840/Chny/18 issue afresh in accordance with law, after giving a reasonable opportunity to the assessee. The Assessing Officer shall also examine whether the land in question is agricultural land or not.

7. With the above observation, the appeal filed by the assessee is allowed for statistical purposes. ….”

3.0 Subsequently, the assessing officer completed the assessment u/s 143(3) r.w.s. 254 vide order dated 28.09.2021, determining the Appellant’s income at Rs. 3,48,90,182/- after making addition under the head Long Term Capital Gains at Rs. 3,37,49,272/-. Against the order dated 28.09.2021, the Appellant assessee filed an appeal before the CIT(A) who vide order dated 27.02.2025 dismissed the appeal filed by the Appellant. The appellant is assailing the impugned order of Ld.CIT(A) on various grou