TaxTMI 
TaxTMI 
2024 (2) TMI 271
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....peal proceedings with the remarks that the same have not been produced before the A.O, by ignoring the facts that the statutory notices were not served upon the assessee during the course of assessment proceedings, resulting in an ex-parte assessment and the appellant was prevented by sufficient cause for producing evidence before the A.O.. Therefore, the action of the Ld. CIT (A) is arbitrary and unjust. 2. The Ld. CIT (A) neither verified the services of statutory notices nor sent the documents relating to additional evidences to the Assessing Officer for verifying at his end. Thus, order passed by Ld. CIT (A) behind the back of A.O./I.T.O for not admitting such evidences is the violation of principle of natural justice and also violat....
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....ce as mentioned in Ground No.5 and also filed before the Ld. CIT(A) in appeal proceedings may kindly be admitted and restore the matter back to the file of Assessing Officer. 3. At the outset, learned Counsel for the assessee, on instructions did not press grounds No. 2 & 4; accordingly, these two grounds are dismissed as not pressed. 4. Qua grounds No.1, 3 & 5, learned Counsel appearing for the assessee submitted that based on AIR information indicating that the assessee has sold immovable property during the year under consideration, the Assessing Officer reopened the assessment under section 147 of the Act. He submitted due to compelling circumstances the assessee could not participate in the assessment proceedings. As a result of whi....
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....he materials on record, we find that assessment in case of the assessee was reopened to assess the capital gain arising from sale of immovable property. Admittedly, in course of assessment proceedings, the assessee did not comply to the notices issued u/s 142(1) and 148 of the Act. Due to failure of the assessee in complying to the notices, the Assessing Officer proceeded to complete the assessment based on materials available on record. Since, the Assessing Officer did not have any evidence relating to the date of purchase of the property sold, he treated the gain derived from sale of property as short term capital gain. It is evident, before the First Appellate Authority, the assessee did furnish a copy of the purchase deed. However, he r....