2025 (10) TMI 515

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Respondent Order passed against Proceedings u/s 1. 2354/Del/2014 2009-10 Neeta Gupta ACIT CIT(A)-XXVI, New Delhi, Appeal No. 378/11-12 Dated 10.02.2014 143(3) 2. 5461/Del/2014 2009-10 Neeta Gupta ACIT CIT(A)- XXVI, New Delhi, Appeal No. xx XXXX Dated 28.08.2014 271(1)(c) 3. 2186/Del/2016 2006-07 Neeta Gupta ITO CIT(A)-18, New Delhi 144 Appeal No. 241/14-15 Dated 01.02.2016 147 r.w.s. 4. 6416/Del/2016 2009-10 Neeta Gupta ACIT CIT(A)-18, New Appeal No. 49/15-16 Dated 14.09.2016 Delhi 271(1)(c) 2. Cases called twice. None appears at the assessee's behest. She is accordingly proceeded ex-parte. 3. It next emerges with the able assistance from the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for holding the assessee's residential asset sold/transferred herein in A.Y. 2009-10 as a short term capital asset than claimed as a long term one in light of the fact that it's completion certificate thereof came on 26.09.2005 and date of sale was on 14.05.2008; respectively. 4. Learned CIT(A)'s case in his lower appellate findings in A.Y. 2009-10 is that the assessee's cost of acquisition deserve to be partly allowed along with re-computation of her long term capital gains to short term capital gains in very terms. Mr. Jain next submits that the assessee's latter twin penalty appeal i.e. ITA No. 5461/Del/2014 and ITA No. 6416/Del/2016 are directed against the Assessing Officer's and the CIT(A)'s respective a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d substitution therein; as the case may be, since the same have to be read on standalone basis. We accordingly quash the impugned reopening herein forming subject matter of the assessee's first and foremost appeal ITA No. 2186/Del/2016 for A.Y. 2006-07. Ordered accordingly. 6. So far as the assessee's second appeal ITA No. 2354/Del/2014 is directed against both the learned authorities' action partly rejecting her cost of acquisition/improvement and enhancement of long term capital gains to the short term capital gains (supra) is concerned, Mr. Jain takes us to the CIT(A)'s lower appellate discussion on the said former issue reading as under: "7.5 The admitted cost of old property is Rs. 1,32,50,000/- (cost of ent....