2022 (11) TMI 1255

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.... S.S. GODARA, JM : This assessee's appeal for AY 2011-12 arises against the CIT(A), Pune-13's order dated 31.10.2019, passed in case No. PN/CIT(A)-12/ITO Ward-9(3), Pune/540/2016-17, involving proceedings under 143(3) r.w.s.147 of the Income Tax Act, 1961 in short the Act. Heard both the parties. Case file perused. 2. The assessee raises the following substantive grounds in the instant ap....

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....land is not taxable in the hands of the appellant. (b) The profit on sale of the land is already offered to tax in the hands of the company Smart Foundry Pvt. Ltd. and the addition of Capital Gain in the hands of the appellant amounts to double taxation. 3. Without prejudice to Ground of Appeal No. 1 & 2 above, the appellant requests your honour that the Capital Gain on the sale ....

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.... both the lower authorities have rejected the assessee's contention that the foregoing short term capital gains are assessable in M/s. Smart Foundry Pvt. Ltd. i.e. his private limited company. 4. Mr. Machile vehemently reiterated above narrated factual position and sought to get the matter remanded to the CIT(A) for the reason that the latter's order has been passed ex-parte. It, however, emerg....

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....erson's hands only. Faced with this situation, we hardly see any reason to entertain the assessee's instant remand request seeking credit of the alleged taxes payment by the company in this appellant's hands. Rejected accordingly. 5. Delay of 408 days in filing of the instant appeal stands condoned in light of assessee's contention/averments made in affidavit dated 22.01.2021 as per hon'ble ape....