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2023 (1) TMI 29

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...., 1961 (the Act), was dismissed. Therefore, assessee aggrieved with the above appellate order is in appeal before us. 02. Despite notice to the assessee on last two occasions, none appeared and therefore, the appeal is decided on the merits as per information available on record. 03. The assessee has raised the following grounds of appeal:- "1) On the facts of the case and in law, the learned CIT(A) erred in upholding the order of learned AO who failed to consider the submissions and erred in adding Rs. 10.75 lac without ascertaining the facts of the matter that Appellant's son solely owns 100% share in ownership of flat and is the only beneficial owner and appellant have no share of ownership in this flat and appellant&#....

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....IT(A) erred in upholding the order of learned AO who erred in not considering the case of CIT v. Ravinder Kumar Arora 342 ITR 38, wherein Delhi High Court pronounced that though the residential house was purchased jointly by assessee and his wife, assessee had paid stamp duty. Registration charges, not even a single penny had been contributed by the wife and that the property was purchased jointly with his wife to avoid any litigation after his death. All the funds invested in the house were of assessee as was evident from his bank statement. Therefore assessee was the only real owner of the house. Thus, in the present case, the assessee is not the real owner of the said flat. 5) The learned CIT(A) erred in upholding the order of l....

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.... shows that assessee is not filing return of income for the A.Y. 2011-12, however, the information is available that assessee has entered transaction of immovable property of Rs.34,25,000/-. Therefore, notice under Section 147 read with section 148 of the Act was issue don 26th March, 2018. The assessee filed her return of income at Rs.120/- on 10th September, 2018. The learned Assessing Officer on the basis of information issued notice under Section 133(6) of the Act on 19th July, 2018 to the Joint Sub-Registrar Panvel-3, wherein it was confirmed that there is purchase of a flat no.102 at 1st floor, G-Wing, Premier Residences, Premier Road, L.B.S. Marg, Kurla(W), Mumbai vide registration no. 6273/10. Accordingly, a show cause notice was is....

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....is son by using her name only for convenience, no consideration was received and therefore, capital gain cannot be taxed in her hand. The learned CIT (A) rejected the contention of the assessee because purchase deed and sale deed were executed in the name of the assessee and the return of the son of the assessee did not show any capital gain. The learned CIT (A) confirmed the addition in the hands of the assessee. 06. The learned Departmental Representative supported the orders of the lower authorities. 07. We have carefully considered the rival contentions and perused the orders of the lower authorities. In this case, the sale of property was made for Rs.34.24 lacs in the name of the assessee which was also purchased in the name of t....