2021 (8) TMI 106

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....eturn of income on 30.07.2010 declaring total income of Rs. 22,65,160/- which was processed under section 143(1) of the I.T. Act, 1961. Subsequently, the A.O. reopened the assessment on the basis of AIR information that the assessee sold immovable property of Rs. 30 lakhs. During the course of assessment proceedings, the assessee filed the requisite details as asked by the A.O. The A.O. noted that assessee has sold the immovable property for Rs. 30 lakhs and offered for tax long term capital gains of Rs. 9,05,158/- after claiming indexed cost of acquisition of Rs. 13,04,842/- and indexed cost of improvement of Rs. 7,90,000/-. The A.O. accepted the indexed cost of acquisition in view of Purchase Deed filed by the assessee. However, in the ab....

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....appeal filed by the assessee treating the same as non-est and defective. 4. Aggrieved with such order of the Ld. CIT(A), the assessee is in appeal before the Tribunal. 5. I have heard the rival arguments made by both the sides, perused the orders of the Ld. CIT(A) and A.O. and the paper book filed on behalf of the assessee. I have also gone through the various decisions cited before me. I find the Ld. CIT(A) in the instant case dismissed the appeal filed by the assessee on account of delay in filing of the same by more than 03 months. It is submission of the Learned Counsel for the Assessee that the assessee was not aware of passing of assessment order and only when the bank account of the assessee was seized by the A.O, the assessee came....