2022 (11) TMI 907

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....ssed under section 144 r.w.s. 147 of Income-Tax Act (Act). In all appeals the assessee has raised certain common grounds of appeals, therefore, all the appeals were clubbed, heard together and are decided by common order to avoid the conflicting decisions. For appreciation of fact the fact in appeal in ITA No. 78/SRT/2022 are treated as "lead" case. The assessee has raised the following grounds of appeal: - "1. On the facts and in the circumstances of the case as well as on the subject, the learned Assessing Officer has erred in reopening the assessment u/s 147 by issuing notice u/s 148. 2. On the facts and in the circumstances of the case as well as law on the subject, the learned Assessing Officer has erred in passing ex-parte order u....

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.... for the assessee submits that the Hon'ble Supreme Court in Suo Moto Writ Petition No. (C) No. 3 of 2022 has directed to condone the delay between the period of 15.03.2020 to 28.02.2022 and further allowed 90 days' time from 01.03.2022 in filing appeal before various forums. The assessee has filed her three appeals within the grace period allowed by Hon'ble Apex Court. The ld AR for the assessee prayed to condone the delay. 4. On the other hand, the ld. Senior departmental representative (Sr-DR) for the Revenue submits that the Bench may take decision in accordance with law. 5. We have considered the rival submissions of both the parties on the plea of condonation of delay and find that the assessee has filed her three appeals within ....

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....On the other hand, Ld. Sr-DR for the Revenue opposed the contentions of Ld. AR for the assessee and would submit that assessee was given sufficient and reasonable opportunities of hearing, however, the assessee failed to make any compliance despite the service of three consecutive days and now assessee does not deserve further opportunity. 8. We have considered the rival submissions of both the parties and have gone through the orders of the authorities below. We find that Assessing Officer passed assessment order under section 144 r.w.s. 147 30.10.2018. In the assessment order, the Assessing Officer made treated the long term capital gains (LTCG for short) on sale of script of Vax Housing Finance Corporation Limited of Rs.6,45,597/- as bo....