2025 (10) TMI 28

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..../s.147 r.w.s.144 of the Act. 2. At the outset, we find the appeal is time barred by limitation by 242 days before the Tribunal. An affidavit in this regard has been submitted by assessee's husband as General Power of Attorney Holder. It was stated that the assessee is presently residing in USA and the email id on which the notices were sent could not be seen as the email id remained inactive. There was also medical emergency in the family. It was further stated that only on 08.11.2024 he came to know of passing the appeal order in the case of assessee when the demand is raised through show cause notice. These are the reasons which led to delay in presenting the appeal before the Tribunal. Therefore, the delay in filing the appeal be cond....

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....w the assessee is in appeal before the Tribunal. 6. At the outset, Ld. Counsel for the assessee submitted that is assessee is presently staying in United States of America. He further referring to the statement of facts filed before the ld.CIT(A) submitted that the property which was sold during the year was of her husband and only the name of the assessee was there in the purchase deed as a second name holder. The said property has been sold for a sale consideration of Rs. 1.02 crore which has been declared by her husband in his return of income and the same has already been assessed to tax vide assessment order dated 30.03.2016 framed for A.Y. 2013-14. In case of assessee's husband, i.e., Mr.Sourabh Satish Saxena due taxes have been pa....

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....sment order dated 30.03.2016 in the case of husband of assessee Mr. Sourabh Satish Saxena, has successfully demonstrated that the assessee's spouse has reflected the said transaction in the income-tax return filed by him by paying the due taxes and the department took cognizance of the same by assessing it in the hands of assessee's husband. We note that the Assessing Officer in para 3.4 of the assessment order dated 30.03.2016 passed u/s.143(3) of the Act, in the case of assessee's husband, has computed the capital gain in respect of the same transaction as under : "3.4 In view of the above facts and circumstances, assuming that the possession of the property might have been delivered after last payment for purchase of property, t....