TaxTMI 
TaxTMI 
2026 (6) TMI 345
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....ppeal is barred by limitation as the assessee has filed the appeal before this Tribunal with a delay of 52 days. Assessee has filed an affidavit explaining the reasons which led to delay. On due consideration of the said reasons, I find that 'reasonable cause' prevented the assessee from filing the appeal within the stipulated time limit. I find that the delay is not intentional and therefore placing reliance on the judgments of Hon'ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. reported in (1987) 2 SCC 107 and in the case of Inder Singh Vs. State of Madhya Pradesh judgment dated 21.03.2025 (2025 INSC 382) condone the delay of 52 days in filing the appeal before this Tribunal and admit the ....
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....tion based on conjecture and surmise may please be deleted. 6) The appellant craves leave to add, alter, amend or delete any of the above grounds of appeal and/or to lay the additional evidences at the time of hearing. 4. Brief facts of the case are that the assessee is an individual and filed the return of income for A.Y. 2020-21 on 15.10.2020 declaring income of Rs. 2,68,410/-. Case selected for Limited Scrutiny to examine the issue namely; sale consideration of property shown in income tax return is less than the value as per Stamp Valuing authority (as per return) (Business ITR). Ld. Assessing Officer observed that during the year assessee entered into an Agreement to sale of immovable property on 10.06.2019 and has shown th....
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....nd stated that DVO failed to provide reasonable opportunity of hearing and that the location of the assessee's property within the vicinity of 500 yards from HERML has not been considered by the DVO as a result of which higher valuation has been made. However, ld.CIT(A) was not satisfied because the appellant could not furnish any communication addressed to the DVO seeking time to submit the evidence for explanation. Accordingly, the appeal of the assessee was dismissed. Now the assessee is in appeal before this Tribunal. 6. Ld. Counsel for the assessee reiterated the submissions filed before the lower authorities and also made reference to the paper book containing 119 pages which apart from the submissions filed before the lower author....
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....ty in question is situated near the High Explosive Research Laboratory and is within 500 yards from its boundaries and which has been declared as 'No Development Zone' and therefore no construction activity is possible on the said plot and therefore the plot was not marketable at par with other properties situated in the said urban area. Divisional Valuation Officer has himself made observations namely; that the property is accessible through Motorable Kachha road (means no proper access through a Tar Road). It is situated in Agricultural and 'No Development Zone' plot is situated in Hill Top Hill Slop (HTHS) Zone as well as Red Zone earmarked for Armed Forces, Government of India. High Energy Material Research Laboratory issued notice to t....