2024 (8) TMI 1023

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....the Revenue : Shri R.R. Makwana, SR. DR ORDER PER PRASHANT MAHARISHI, ACCOUNTANT MEMBER: 1. ITA 1139/Mum/2024 is filed by Sonal Samit Vartak for A.Y. 2011-12 against the appellate order passed by the National Faceless Appeal Centre, Delhi ('ld. CIT(A)') dated 17.12.2018 wherein the appeal filed by the assessee against the reassessment order passed u/s 143(3) r.w.s. 147 of the Act by the I....

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....end or alter the existing grounds of appeal on or before the date of hearing." 3. The only grievance in the appeal is regarding addition of Rs. 25,21,508/- made by the ld. AO being hardship compensation received from builder for vacating the existing flat for re-development purposes taxed as income from other sources. The claim of the assessee is that such receipt is a capital receipt and not i....

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....jected the same and made the addition of the amount. 6. The total income of the assessee was assessed at Rs. 25,16,780/- by re-assessment order passed u/s 143(3) r.w.s. 147 of the Act by order dated 17.12.2018. 7. Assessee aggrieved with the same preferred an appeal before the ld. CIT(A) and reiterated the above submission. The ld. CIT(A) held that assessee has wrongly claimed that compensat....

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.... the orders of the ld. Lower Authorities. We have also carefully perused the decision of the Hon'ble Bombay High Court in Writ Petion No. 4958 of 2024 in case of Sarfaraz S. Furniturewall dated 15.04.2024 wherein the Hon'ble High Court has held that any hardship allowance and rehabilitation allowance which is paid by the developer who suffers hardship due to dispossession cannot be considered as r....