TaxTMI 
TaxTMI 
2026 (5) TMI 889
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....and of the assessee who was diagnosed with cancer and undergoing the treatment and thereafter expired on 12.02.2023 due to cancer. The learned Authorised Representative of the Assessee has further submitted that the daughter of the assessee is also diagnosed with cancer. He has thus submitted that the delay in filing the appeal is neither willful nor deliberate but due to the facts and circumstances beyond the control of the assessee. 3. On the other hand, the learned DR has not raised any serious objection for condonation of delay in view of the fact that the present appeal has been filed by the legal heir of the assessee who died due to cancer. 4. We have considered the rival submissions and perused the reasons explained by the assessee in the petition for condonation of delay which reads as under: 1. "That the appellants herein being the Legal Heirs of Late Sri Ragi Rajesham have filed the present appeal on 02-05-2025 against the order of the CIT(A), NFAC, dated 06/01/2025 served on the same day. 2. That there was a delay of 56 days [Fifty Six days) in filing the appeal before this Hon'ble Tribunal. The delay was neither deliberate nor intentional but....
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.... assessee was having a 'reasonable cause' for the delay of 56 days in filing the present appeal before the Tribunal. Accordingly, the delay of 56 days in filing the present appeal is condoned. 5. The assessee has raised the following grounds of appeal: 1. "On the facts and circumstances of the case, the Order passed by the Ld. AO is bad in law in as much the notice initiating the proceedings were issued on a wrong person. The appellant had raised his contentions on the same but the same were not considered. 2. The Ld. AO erred in facts and in circumstances in as much as the terms of the JDA were very clear in its intent as far as the transfer of rights in the property were agreed to be transferred only at the time of handing over the completely constructed flats. 3. The Order of the Ld. AO is bad in law, unjust and unwarranted in as much as the provisions of sec. 54F were misunderstood by the Ld. AO as against the legislative intention and also existing judicial pronouncements already placed on record during the assessment proceedings. 4. The Order of the Ld. AO is perverse and bad in law in as much as the AO's erred in denying the benefit....
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.... and submitted that owners of the land have granted license to the Developer to enter in the land for the limited purpose of carrying out the construction activity in accordance with the terms and conditions mentioned in the Development Agreement and therefore, the Development Agreement would not constitute a 'transfer' as per the provisions of sec. 2(47)(v) of the Act. In support of his contention, he has relied upon the decision of this Tribunal in ITA.No.228/Hyd./2025 dated 08.10.2025 in the case of Shri Srinivas Pampati, Karimnagar & Another vs. ITO, Ward-2, Karimnagar. 7. On the other hand, the learned DR has submitted that the Assessing Officer has examined these facts and the contention of the assessee that the land belongs to the HUF. However, the Development Agreement cum GPA was not executed by the HUF but the same was executed by the individuals who claimed themselves as the owners of the land in question and therefore, the assessee cannot take a different stand from the claim made in the Development Agreement which is a registered document wherein the assessees have declared themselves as owners of the land in question in their individual capacity and not as HUF. The....
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.... agreement to sell the property in question but it is only an agreement for development of the property as per the terms of the said agreement for dividing the constructed area amongst the owners and the developer. As per Clause-10 of the agreement, the parties agreed as under: "10) That the First Party land owners have granted license to the Second Party to enter the land under development to the Second Party developers for the limited purpose of carrying on the construction activity in accordance with terms, mentioned herein, and the possession of land for all practical and administrative purpose be deemed to have been given only at the time of passing of consideration in the form of built-up area handed over to the landowners i.e., the First Party. However the First Party Land-Owners shall not be entitled to interfere in the construction activity in any manner or obstruct the Second Party developers in connection with the process of construction or in taking any decision, in appointing the employees, labourers, Contractors etc., in execution of the construction work. However the land-owners are at liberty to make inspection of the construction work during the course of ....