TaxTMI 
TaxTMI 
2018 (5) TMI 901
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....1961 [hereinafter referred to as 'the Act'. 3. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule 18(6) of ITAT Rules. Judicial decisions relied upon were carefully perused. 4. Briefly stated, the facts of the case are that return of income was filed on 18.09.2012 showing total income at Rs. 11,83,380/-. Subsequently, it came to the notice of the AO that the assessee has sold land at Village Kadarpur, The. Sohna on 28.09.2010 alongwith others for Rs. 30.24 crores. The AO found that the assessee's share was Rs. 8.43 crores. The AO noticed th....
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....Kadarpur, Distt. Gurgaon have sold their land measuring 56 Kanal 6 Marla for a sum of Rs. 30.24 crores to M/s Hamara Realty Pvt. Ltd, New Delhi on 28-09-2010. Out of above, 881/3150 share relates to Sh Prahlad Singh S/o Sh. Sukhbir Singh who received sale consideration of Rs. 8,43,00,000/- vide demand draft No 164852 dated 27/09/2010 drawn on SBI, Janpath, New Delhi. The said land falls within the municipal limits of Municipal Corporation, Gurgaon. Therefore, capital gain arises on the sale of said land situated at village Kadarpur. Distt. Gurgaon. The assessee has filed the return of income for the AY 2011-12 vide acknowledge No 48931571080912 on 18/09/2012declaring total income of Rs. 11„83380/- from income from other source a....
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....of B.K. Gooyee Vs. CIT [1966] 62 ITR 109 [Cal] wherein on identical facts, the Hon'ble High Court has held that : "A notice under Section 22(2) of the Act which initiates the assessment proceeding requires a signature. Service of valid notice is pre condition to the jurisdiction of the ITO. Non signing of a notice does not come within the formula of an obvious clerical mistake. There cannot be any waiver by the assessee of an irregularity of an unsigned notice." 9. The Hon'ble Madhya Pradesh High Court in the case of Umashankar Mishra reported in [1982] 136 ITR 330 has held that: "Section 282 of the Act provides that a notice under the Act may be served on the person named therein as if it were a summons issued by a court unde....
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....ngth of the said land falling within the municipal limits of municipal corporation of Gurgaon. This belief, per se, is factually incorrect because Exhibit 191 clearly shows that the sale is outside the municipal corporation area. 13. Exhibit 198 is the application to the Teh. Sohna by which the assessee asked the Tehsildar for the information of the location of the land from the municipal limit and Exhibit 199 is the reply of the Tehsildar by which the Tehsildar categorically stated that the impugned land is beyond 10 ks, from the municipal corporation limit of Gurgaon. 14. At this stage, it is pertinent to mention that to measure the distance from the radius of municipal corporation, the relevant date would be the date of notification an....