2025 (3) TMI 90

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....eing disposed of by this common order. 2. First we take up ITA No.2788/PUN/2024 for assessment year 2014-15 as the lead case. Facts of the case, in brief, are that the assessee is an individual and has filed his return of income u/s 139 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') on 28.11.2014 declaring total income of Rs. 3,27,990/-. The Assessing Officer noticed while completing the assessment proceedings for assessment years 2016-17 and 2017-18 that the assessee has wrongly claimed deduction u/s 54B/54F. He noted that the assessee has entered into a joint venture with Nandan Buildcon Pvt. Ltd. vide registered joint venture agreement dated 20.01.2011. The terms and conditions of the agreement clearly show that the ....

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....ereafter issued notice u/s 148. During the course of assessment proceedings, the assessee in response to such notice filed certain details. In absence of any documentary evidence to his satisfaction regarding the claim of exemption u/s 54B of the Act, the Assessing Officer rejected the claim of exemption u/s 54B of the Act. He accordingly made addition of Rs. 1,05,92,146/- and determined the total income at Rs. 1,09,20,136/-. 4. Since the assessee did not make any submission before the Ld. CIT(A) / NFAC despite a number of opportunities granted, the Ld. CIT(A) / NFAC relying on various decisions, dismissed the appeal of the assessee for want of prosecution. However, he did not decide the appeal on merit. 5. Aggrieved with such order of th....

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....ppellant failed to respond to the notices. The decision was made without considering the facts of the case or adjudicating the appeal on merits. Sr. No. Nature of Addition Amount 1 Disallowance of exemption claimed U/Sec.54B of the Act Rs. 3,60,35,153/- 2 Disallowance of exemption claimed U/Sec.54F of the Act Rs. 37,09,902/-   TOTAL Rs. 3,97,45,055/- 2. The Learned CIT(A) failed to appreciate that it was incumbent upon him to verify whether proper notices had been served before passing an ex-parte order. Therefore, the appellant prays that the order passed by the CIT(A) be set aside. 3. The Learned CIT(A) further erred in summarily dismissing the appellant's appeal on merits, solely relying on the AO's obser....

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....im of exemption u/s 54B of the Act amounting to Rs. 1,05,92,146/- for want of evidence to his satisfaction. We find due to non submission of any details before the Ld. CIT(A) / NFAC despite number of opportunities granted, the Ld. CIT(A) / NFAC dismissed the appeal for want of prosecution. It is the submission of the Ld. Counsel for the assessee that the notices sent by the office of the Ld. CIT(A) / NFAC were delivered in the e-mail of the Chartered Accountant who did not inform the assessee for which all these unfortunate events happened. It is the submission of the Ld. Counsel for the assessee that in the interest of justice, the assessee should be given an opportunity to substantiate his case by filing the requisite details before the L....