2020 (7) TMI 277

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t Mr. Shy am Sunder Mangla, M/s Shy am Sunder Mangla & Co, having office at Sco - 201 shopping center sector - 8 Faridabad (India) -121006. The appellant has given all the necessary documents & information to CA Mr. Mangla who has not submitted return of income, all the information & documents during the assessment & Appeal proceedings as per the Income Tax Law and did not performed his professional duties and did not give proper advice to appellant. In view of these facts, kindly allow an opportunity to the appellant to explain the case and to submit all the necessary information & documents to the Ld. Assessing Officer. 2. That the Ld. Commissioner of Income Tax (Appeals) is not right in conforming the impugned order framed by the Asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... impugned order framed by the Assessing Officer under Section 144 in serving the notice U/s.142(1) dated 16/03/2009. 8. That having regards to the facts and circumstances of the case, the learned commissioner of Income Tax (Appeals) is not right in confirming the impugned order framed by the Assessing Officer without following the provisions u/ s.147 and 148. The appellant has not received any notice u/s.148 of Income Tax Act. 9. That having regards to the facts and circumstances of the case, the learned commissioner of Income Tax (Appeals) has not complied the provision of section 250(6) to pass a speaking order. 10. That the learned commissioner of Income Tax (Appeals) has not afforded proper opportunity to the appellant to explain ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Green Valley Housing & Land Development Pvt. Ltd, M-ll, Middle Circle, Cannaught Circle, New Delhi and received total sale price at Rs. 2,18,17,708/-. The assessee did not coperated in the finalising of the Income tax assessment proceedings. In the interest of equity, indexed cost of land at Rs. 5,00,000/- has been taken irrespective of holding of land by the assessee subject to change, in case assessee furnishes complete documents for purchase/acquisition price of Land. Therefore sum of Rs. 5,00,000/- has been taken, as the indexed cost price of land as on 07.06.2007 i.e. the date of sale of land. 8. In the light of above observations; the income of the assessee is computed as under: Long term capital gains : Rs. 2,18,17,708/- Less....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....essee vehemently stated that the counsel appearing before the CIT(A) did not submit all the necessary documents and the assessee being an illiterate farmer who trusted the counsel was betrayed by the counsel. The counsel prayed that considering the facts of the case the assessee should be given one more opportunity to defend his case. The Counsel also furnished additional evidences with an application for the admission of the same. 9. The DR supporting the orders of the authorities below, stated that the documents furnished by the assessee needs verification. 10. We have given a thoughtful consideration to the orders of the authorities below. The fact is that the assessment order was framed exparte. The documents filed before us show that....