TaxTMI 
TaxTMI 
2022 (3) TMI 431
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....(A) grossly erred in law by not serving the order under section 250 of' the Income Tax Act, 1961 ('the Act') on the Appellant. The Appellant was unaware of the order passed by the CIT(A) until recovery proceedings were initiated against him and the bank accounts were frozen on 31 December 2020. 2. Recovery Proceedings initiated without serving the order under section 250 of the Act on the Appellant The learned ITO erred in law by initiating the recovery proceedings on the Appellant without the Appellant being served the order from the CIT(A)'s office. 3. Natural justice denied to the Appellant The learned CIT(A) has erred in law by passing an order without giving the Appellant the opportun....
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....al, at any time before or during the hearing of the appeal. 3. The brief facts of the case The assessee is an individual engaged in the business of trading iron ore. The assesse filed the return of income for the asst. year 2007- 08 on 31/10/2007 declaring a total income of Rs. 7,31,480/-. The assessee in the return of income had offered capital gains from the sale of shares and claimed exemption u/s 54F for an amount of Rs. 67,05,625/-. The DCIT, Circular-1, Bellary (AO) initiated asst. proceedings u/s 143(2) of the Income-tax Act (the Act) and assessed the income of the assessee at Rs. 76,82,705/- by disallowing the exemption claimed by the assessee u/s 54F. Aggrieved by the order of the AO, the assessee filed an appeal before the C....
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....he received the copy of the order of the CIT(A) on 27th January 2021. The ld.AR, therefore, prayed that the delay in filing the appeal before the Tribunal was not due to any failure on the part of the assessee and hence the delay may be condoned. 6. The ld.DR vehemently submitted that the delay should not be condoned. 7. We have heard rival submissions and perused the materials on record. We notice that the assessee had genuinely made several attempts to get a copy of the CIT(A) order and the evidences submitted by the assessee before us supports the claim of the assessee. It is also noticed that the assessee was not aware of the outcome of the decision of the CIT(A) until the recovery proceedings were initiated against him and the ba....
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.... building to claim exemption u/s 54F of the Act. 10. The ld.AR submitted that the assessee trusted the consultant engaged until the asst. proceedings, who did not handle the proceedings in the professional manner. The ld.AR submitted that the sound professional advice was not given by the consultant and hence the details could not be submitted before the AO. The ld.AR further submitted that all the details including the invoices for the monies spent for construction and sale deed for the purchase of property and the valuation report was submitted before the CIT(A) who ignored the details and went on to confirm the details made by the AO. 11. The ld.DR supported the decision of the lower authorities. 12. We have heard rival submissi....