2024 (10) TMI 92

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ORTHY For the Petitioner: Ms.G.Vardini Karthik For the Respondents: Dr.B.Ramaswamy, Sr. SC COMMON ORDER By these two writ petitions, an assessment order dated 29.12.2023 and penalty order dated 20.06.2024 in respect of assessment year 2015-16 are challenged. The petitioner and the other legal heirs of the late Shri.Achuthan Nair sold an immovable property by executing sale deed dated 1....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... immovable property was sold by the petitioner and the other legal heirs of the late Shri. Achuthan Nair, in February 2014, which falls within assessment year 2014-15. She also submits that the petitioner's share of sale proceeds was received in the same financial year. She further submits that the petitioner was diagnosed with Grade 2 Carcinoma of the tongue. In view there  of, she submi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e facts and circumstances, he submits that the petitioner's explanation lacks credibility. He also points out that the petitioner did not approach this Court even when the assessment order was issued and waited until the penalty order was issued. 4. The petitioner has placed on record the pathology reports from the Cancer Institute, Adyar. Such reports were issued on 11.10.2023 and 01.11.20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he matter. 5. For reasons aforesaid, impugned assessment order dated 29.12.2023 and impugned penalty order dated 20.06.2024 are set aside on condition that the petitioner remits a sum of Rs.2,00,000/- towards the income tax demand, as agreed to, within four weeks from the date of receipt of a copy of this order. Within the said period, the petitioner is permitted to submit a reply to the show c....