2023 (11) TMI 993

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....the order of the AO making addition Amount of Rs.46,64,901/- on sale of land and not granted benefit of u/s.54F of IT Act. 2. The assessment made on the assessee u/s.147 of the Act was bad in law." 3. There is a delay of 1823 days in filing the present appeal for which the assessee has filed condonation of delay application alongwith the affidavit explaining the delay. The Ld. AR submitted that the appeal against order of CIT(A) dated 18.12.2014 was served on 29.12.2014 and the appeal should have been filed before the Tribunal by 17.02.2015, but the same was filed on 14.02.2020, hence there is a delay of 1823 days. The affidavit regarding reasonable and sufficient cause for the delay is placed at Paper Book page Nos.123 to126 & 127 to 14....

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....pursue the matter with Professional Tax Consultant and due to his age and deteriorating health problems because of which he died on 20.01.2020. It was only when assessee visited India last on 14.01.2020 to 13.02.2020 during illness of Jashubhai S. Patel who died on 20.01.2020, the assessee collected all his various papers and documents in which order of CIT(A) dated 18.12.2014 came to the knowledge of the assessee and immediately contacted the Chartered Accountant. As per the advice of the Chartered Accountant the present appeal was filed before the Tribunal on 14.02.2020 resulting into delay of 1823 days. Thus, the Ld. AR submitted that the delay may be condoned and the matter may be heard on merit. The Ld. AR relied upon the decision of H....

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....22,630/- was filed by the assessee. The assessee is partner in M/s S.L. Patel & Co. which is engaged in the business of tea. The assessee has shown income from share of profit from partnership firm and income from Short Term Capital Gain and income from other sources. The case was selected for scrutiny and the assessment was finalised on 24.12.2010. The assessee's total income was Rs.2,03,45,060/-. The Assessing Officer made addition of Rs.1,11,99,608/- as Long Term Capital Gain in the hands of the assessee on compensation and addition of Rs.89,22,836/- as Long Term Capital Gain by disallowing the claim of exemption under Section 54 of the Act. Subsequently penalty proceedings under Section 271(1(c) of the Act was initiated by issuing notic....