TaxTMI 
TaxTMI 
2025 (6) TMI 306
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....ssessee is an individual and had e filed her original return of income in ITR3 for Assessment Year 2018-19 on 31.08.2018 declaring the total income of Rs. 8,46,690/- after claiming the deduction of Rs. 10,000/- under Chapter VI-A. That later on the assessee revised the return on 08.09.2019 by reducing the total income to Rs. 6,74,520/- after claiming deduction of Rs. 1,82,066/- under Chapter VI-A. 2.3 That the case was selected for complete scrutiny. Since the assessee had filed her return of Income for AY-2018-19, a notice us 143(2) of the I.T Act was issued to the assessee on 22.09.2019 for conducting the assessment proceedings. The assessee did not submit any letter in response to notice u/s 143(2). Accordingly a notice u/s 142(1) of the I.T. Act was issued to the assessee on 18.12.2000 requiring to furnish or cause to be furnished certain documents/details specified therein. The assessee did not make any response to the said notice. Therefore another letter was issued to assessee on 06.01.2021 requesting to submit the details called for in the notice dated 18.12.2020. The assessee vide letter dated 24.01.2021 electronically furnished the details in the ITBA system. 2.4 That d....
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....rading company. She has declared profit u/s 44AD @35.37% of profit i.e. 6,42,021/-. But the assessee has not submitted the relevant books of account such as balance sheet, profit and loss account or capital account for verification. Further Income from house property to the tune of Rs. 2,52,000/- has been declared due to let out of two houses. The assessee has claimed a total deduction of Rs. 1,82,066/- due to 80C of Rs. 1,50,000/- and 80D of Rs. 22,066/- and 80TTA of Rs. 10,000/-. Against this claim of deduction the assessee has provided documentary evidence in support for 80C. The claim of 80D could not be verified. Further it is noticed that as per specific information available, the assessee has also made transaction with respect to Non-agricultural land having transaction amount of Rs. 73,68,000/- which was effected on 08.01.2018. In view of the same, another letter was issued to assessee on 05.02.2021 for further clarification and submissions of details. 2.6 That the assessee vide letter dated 06.02.2021 submitted electronically a reply stating that "During the year I had not sold any Non agricultural land and also copy of Mediclaim was submitted for verification. On the bas....
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....ple for a sale consideration of Rs. 36,84,000/- for each property aggregating to Rs. 72,68,000/- and for the fact that no agricultural details are provided by the assessee and also no agricultural income is shown in the ROI filed by assessee in the earlier period prior to sale of the land. The assessee was requested to submit the reply either accepting the proposed modification or file written reply objecting to the proposed modification on or before 18.03.2021. The assessee did not submit any response to the showcause notice till the date of passing of order. In view of the above circumstances it is presumed that the assessee has no objection and therefore the case is decided on the merits and above findings. 2.9 The above lands sold by the assessee is Non-Agriculture land. However, the assessee in the reply submitted on 20.01.2021 had held that the said lands were agricultural land and further it was situated at village Bharbhadia and it is more than 6kms away from local limits of municipality of Neemuch and that the population of Neemuch is less than 1,00,000/-. Hence capital gain is nil being Agricultural land. There is no evidence that the sale instances given by the assessee....
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.... 2.11 That the Ld. A.O basis above computed total income of the assessee as follows: Income from House property Rs. 1,58,300/- Business income.... Rs. 6,42,021/- Income from other sources... Rs. 56.265/- Rs. 8,56,586/ Add: Long term capital gain as per para 6 above Rs. 21.68.388/- GROSS TOTAL ASSESSED INCOME Rs. 30,24,974/- Long term capital gain of Rs. 21,68,388/- to be taxed separately 2.12 That the aforesaid assessment order of Ld. A.O bears No. ITBA/AST/S/143(3)/2020-21/1031627237(1) and is dated 20.03.2021 which is hereinafter referred to as the "impugned assessment order". 2.13 That the assessee being aggrieved by the aforesaid "impugned assessment order" prefers first appeal before Ld. CIT(A) who by "impugned order" has dismissed the 1st appeal of the assessee on reasons stated therein. 2.14 That the assessee being aggrieved by the "impugned order" has preferred this instant second appeal before this Tribunal and has raised following grounds of appeal in Form No.36 against the "impugned order" which are as under:- "1. The Ld. AO has erred in treating the Ag. Land into Non Agriculture Land Insp....