2025 (12) TMI 1092

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....hat there is a delay of 11 days in filing the appeal as pointed out by the Registry. After hearing both the parties and perusing the material placed on record, we find that there was reasonable cause for the delay in filing the present appeal and hence, the delay is hereby condoned and appeal is admitted for adjudication. 3. Briefly stated facts of the case are that the assessee filed his original return of income declaring total income of Rs.3,75,730/- on 29-03-2019. Subsequently, the case of the assessee was selected for scrutiny and notices u/s. 143(2) and 142(1) of the Income Tax Act, 1961 ('the Act') were issued. However, there was no compliance on the part of the assessee and thereafter, the AO proceeded and passed the order u/s. 1....

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....hat the assessee is a senior citizen and due to his health issues which significantly impaired his ability to focus on and attend to complex tax compliance matters, the appeal could not be filed in time. It was also submitted that it was during the Covid period that the assessment order was passed by the AO and due to the national lock-down on account of Covid pandemic, the appeal could not be filed in time before the Ld.CIT(A). It was submitted that without taking into consideration the entirety of facts and circumstances of the case, the appeal of the assessee has been dismissed. 5. It was further submitted that the AO has brought to tax the difference between the transaction value and stamp duty value and has invoked the provisions of....

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....liance on the part of the assessee, which has resulted in passing of the best judgment order. It was further submitted that even before the Ld.CIT(A), there was a substantial delay in filing of the appeal and in absence of any reasonable and sufficient cause for delay in filing the appeal, the appeal has rightly been dismissed by the Ld.CIT(A). 7. We have heard the rival contentions and perused the material available on record. We find that the AO has brought to tax the difference between the transaction value and stamp duty value and has invoked the provisions of section 50C of the Act. It has been contended before us that the assessee has in fact sold a property vide agreement dt. 08-05-2017 and has purchased another property vide agre....