TaxTMI 
TaxTMI 
2020 (11) TMI 313
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....ppreciating that the appellant was not aware of the assessment proceedings taken up by the department being abroad and had obtained certified copy of the assessment order on 01/05/2017 and certified copy of the demand notice on 15/05/2017 and thereupon, the appellant had filed the appeal on 13/06/2017, which was within time of 30 days and thus there was no delay in filing the appeal and hence, there is no requirement for filing any application seeking condonation of delay under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] is not justified in holding that the appeal filed was not maintainable being hit by the provisions of section 249[4][b] of the Act as the appellant had not paid amount in equivalent to the Advance-tax without appreciating that the provisions of Section 249[4B] of the Act were wholly inapplicable since the appellant had challenged the very reopening of the assessment as welt as the computation of the Capital Gains in the appeal filed before the learned CT[A] under the facts and in the circumstances of the appellant's case. 4. The learned CIT[A] ought to have appreciated that the entire assessment procee....
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....n of delay under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] is not justified in holding that the appeal filed was not maintainable being hit by the provisions of section 249[4][b] of the Act as the appellant had not paid amount in equivalent to the Advance-tax without appreciating that the provisions of Section 249[4B] of the Act were wholly inapplicable since the appellant had challenged the very reopening of the assessment as well as the computation of the Capital Gains in the appeal filed before the learned CT[A] under the facts and in the circumstances of the appellant's case. 4. The order levying penalty u/s.271[1][c] of the Act, is bad in Law in as much as, the Learned A 0 has neither reached any satisfaction nor has such satisfaction been recorded in the assessment order and consequently, the very initiation of proceedings u/s.271[1][c] of the Act, is not in accordance with the requirements of Section 271[1] of the Act and consequently, the order of penalty founded on the invalid initiation of penalty proceedings is liable to be cancelled 5. The order of penalty passed u/s 271[1][c] of the Act is bad i....
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....[4][b] of the Act as the appellant had not paid amount in equivalent to the Advance-tax without appreciating that the provisions of Section 249[4B] of the Act were wholly inapplicable since the appellant had challenged the very reopening of the assessment as well as the computation of the Capital Gains in the appeal filed before the learned CT[A] under the facts and in the circumstances of the appellant's case. 4. The authorities below are not justified in levying penalty u/s.271[1][b] of the Act, under the facts and in the circumstances of the appellants case. They failed to appreciate that the appellant had not committed any default actionable u/s.271[1][b] of the Act and consequently, the levy of penalty deserves to be cancelled. 5. Without prejudice to the above, the learned CIT[A] failed to appreciate that the appellant was prevented by reasonable cause in not complying with the notices and consequently, the penalty levied deserves to be cancelled. 6. Without prejudice to the above, the penalty levied is excessive and liable to be reduced substantially. 7. For the above and other grounds that may be urged at the time of hearing ....
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.... may be urged at the time of hearing of the appeal, your appellant humbly prays that the appeal may be allowed and Justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as part of the costs." Brief facts of the case are as under: 2. Assessee is an individual and that, she had acquired immovable property consisting of a site at measuring 40' x 16' on 29/04/2006 for a consideration of Rs. 1,20,000/-. It has been stated that, assessee sold said immovable property on 30/09/2017 for sale consideration of Rs. 7,75,000/-. 3. Ld.AO noted that, assessee did not furnish return of income within due date, for relevant period disclosing, capital gains arising from sale of property, and therefore issued notice under section 148 of the Act. It has been recorded by Ld.AO that, as the notice was returned unserved, Ld.AO served the notice by affixing at the last known address of assessee as per sale deed. Ld.AO also noted that, there was no response from assessee, and due opportunity was given by serving a proposal to assess the income escaping assessment by affixture. Ld.AO noted that, as there was no respons....
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....723, 10th Cross, 2nd Stage, Siddarthanagar, Nazarbad Mohalla, Mysore. He thus submitted that no details with income tax department filed by assessee mentions the address, at which impugned notice under section 148 was issued. He submitted that even the assessment order mentions wrong address and therefore it was not communicated to assessee in time. 9. On the contrary Ld.Sr.DR submitted that notice u/s 147 was issued based on information received wherein the address of assessee was mentioned to be No.387, 'Skanha' 4th Main, T.K Layout, Mysore. He also submitted that admittedly no returns were filed by assessee for relevant assessment year declaring the capital gains earned from sale of immovable property. He placed reliance on the information received by Ld.AO, filed in paper book. Further, Ld.Sr.DR argued that assessee in her written submission mentions regarding sale proceeds, utilised for meeting her higher studies cost outside India. He thus submitted that provisions of law have not been met with by assessee, on sale of immovable property. He submitted that either assessee should have paid taxes on the sales proceeds received during the year or the capital gain earned should....