2025 (7) TMI 750

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....e of the hearing notices were received by Your Appellant on his registered email id which is also mentioned in Form 35. 2. The CIT (A) has erred both in Law and in Fact in upholding the Reopening of the Assessment u/s. 147 and therefore order passed by the ITO is bad in Law and Void. Your Appellant submits that the notice u/s. 148 was issued on 30-3-2019 for A.Y. 2012-13 is bad in Law and Time Barred and therefore not operative and also the day of issue of Notice was Saturday a Holiday in Government Office and therefore the issue of Notice is bad in Law. 3. (a) Without prejudice your Appellant submits that the Reasons Recorded by the AO for Reopening the assessment are at dated 27-11-2019 which means after issue o....

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....d in general remark to charge Interest u/s. 234A/B/C/D, wherever applicable does not amount to order after application of mind and therefore Interest is not chargeable. 2. On facts of the case your Appellant submits that since the Assessee had genuine and bonafide belief that his Income is not liable to tax and is not required to file Return of Income. Hence for good and valid reason and therefore Interest of Rs 36,366 u/s 234A is not chargeable and also is not correctly worked out. 3. Your Appellant also submits hat Interest u/s 234B is also not chargeable since your Appellant was not liable to pay Advance Tax u/s. 208 of the Act and hence there is no question of his failure and Section does not apply and therefore Intere....

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....arty to the sale document is capital gain and not income from other sources. It is categorically submitted by the assessee along with the documentary evidences that Shri Jiterndra Hushmukhbhai Patel has purchased immoveable property for Rs. 1,15,00,000/- on 05-12-2011 from Smt. Shantaben Somabhaimali and five other co-owners and seven confirming parties. The assessee being one of the parties received an amount of Rs. 5,40,000/- in the said transaction and thus it is a capital gain. The ld. A.R. submitted that the Assessing Officer as well as CIT(A) was not right in making the addition as income from other sources. The ld. A.R. also relied upon the decision of the other confirming party, Santokben Rameshbhai Mali wherein the Tribunal in ITA ....