TaxTMI 
TaxTMI 
2025 (3) TMI 1893
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.... the appeal before the ITAT. The Ld. AR further submitted that, the delay caused in filing the appeal before the tribunal is not intentional and was due to the reason beyond the control of the assessee. Accordingly, the Ld. AR prayed before the bench for condonation of delay in filing the appeal before the ITAT. 2.1 After hearing the Learned Department Representative ("Ld. DR") and pursuing the reason submitted by the assessee, we are of the opinion that there was reasonable cause behind the delay in filing of the appeal before ITAT. Therefore, we do condone the delay of 8 days and admit the appeal for adjudication. 3. The assessee has raised the following grounds : 1. The Learned Commissioner (Appeals) failed to take into consideration, the unreasonable denial of request, by Hon'ble ITO(2), Ongole, made by the Assessee to provide a reasonable alternate date to have sufficient time to produce necessary documents owing to shortage of time and poor health of the Assessee due to old age. 2. The Learned Commissioner (Appeals) failed to note that the flat was purchased by the Assessee through a lawful out of court settlement which was recorded by the Court in....
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....himself has given the declaration voluntarily that the money was received from the Assessee. 7. The Ld. Commissioner (Appeals) failed to understand that even though the suit vide O.S.No.61 of 2012 was "dismissed as not pressed" on 04-06-2015, the sale deed was entered on 10-06-2015 due to unavailability of funds at hand and for the same reason, the amount of Rs. 10,00,000/- (Rupees Ten Lakh Only) was paid to the Original Agreement Holder (Chandra Siva Shankar) on 24-06-2015. The Assessee and the Original Agreement Holder had and still have good relationship, trust and understanding between them which is why he had agreed to withdraw the suit even before the monetary settlement was made between them, as evident from the Declaration given by Chandra Siva Shankar dated 11-01-2020. 8. The Ld Assessing Officer and Ld. Commissioner (Appeals) failed to take into consideration, the Declaration and Fee Receipt given by the Advocate which corroborate the fact that Assessee in fact incurred losses while purchasing the property; and also the fact that the Assessee never filed Income Tax Return as his only source of income for more than past 45 years has been through Agricultu....
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....n the basis of information available, the Learned Assessing Officer ("Ld. AO") came to know that the assessee had acquired an immovable property for Rs. 26,23,000/- on 10.06.2015. As the assessee had not filed any ROI, the Ld. AO reopened the case of the assessee u/s.147 of the Income Tax Act, 1961 ("the Act") and issued notice to the assessee u/s.148 of the Act. In response to the notice issued u/s.148 of the Act, the assessee filed his ROI on 02.12.2018 declaring net agriculture income of Rs. 27,26,493/- and interest income from bank of Rs. 2,147/-. After filing of ROI by the assessee, the Ld. AO issued notice u/s.143(2) of the Act and finally completed the assessment u/s.143(3) r.w.s. 147 of the Act on 27.12.2019 making addition of Rs. 12,43,750/- on account of Short Term Capital Gain ("STCG") on sale of immovable property. 5. Aggrieved with the order of Ld. AO, the assessee filed appeal before the Ld. CIT(A), who dismissed the appeal of the assessee. 6. Aggrieved with the order of Ld. CIT(A), the assessee is in appeal before us. The Ld. AR submitted that, the assessee had purchased one immovable property from Dabbugottu Srinivasulu ("seller") on 10.06.2015 for Rs. 26,23,0....
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....ulated the STCG at Rs. 12,43,750/-. The Ld. AR further submitted that, the assessee had filed receipt of Rs. 10 lakhs from Shri Chandra Shiva Shankar before the Ld. AO. However, without considering the same, the Ld. AO did not allow the same. The Ld. AR further submitted that, all the details were filed before the Ld. AO on 19.12.2019 and after their submission, without calling any explanation from the assessee, the Ld. AO passed the order on 27.12.2019. Accordingly, without providing any final opportunity, the addition has been made by the Ld. AO. Finally, consolidating all their grounds, the Ld. AR requested before the bench to remand the issue to the file of Ld. AO so that the assessee can explain their case before the Ld. AO and prosecute the same on merits. 7. Per contra, the Ld. DR relying on the order of revenue authority, objected for providing any further opportunity contending that the assessee has been granted adequate opportunity by the revenue authority. 8. We have heard the rival contentions and also gone through the record in the light of the submissions made by either side. The main argument of the Ld. AR before us is that, the subject matter of the immovable ....
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....nder: E-COURTS OFFICIAL WEBSITE OF DISTRICT COURTS Daily Status Fariy Cour; Nellat In The Court Of "": Aoni Distret and Bess:ces Judge.Fordy CNR Number AP*C :::::::::: 1: Case Number : 05/000206":2012 chandra sivasankar Versus cobbupon seeri.as.t. Date : 24-26-20.5 Business : townsei fer ins t'aimait fled menos.prec by the pisiof" that he is not pressing the suit as romer is settled out site tre :oun Fer to suit of the pisirtrt is Cism.ssto as not pressed Nature of Disposal Disposal Date : DISMISSED AS NOT PRESSED 24-06-2015 Acci District and Sessions Judge-Family PRINT It is noticed from the receipt submitted by the assessee that Sri Chandra Siva Sankar S/o Gopi Naidu has received Rs.10,00,000/- on 24.06.2015 towards the full settlement amount toward the suit pending in the court of VI-Addl.District Judge, Nellore bearing No.61/2012 from Malleboina Koteswara Rao S/o Pitchaiah and hence Document 2 the case is settled that day itsell. However, as per the information available on e-courts the case got settled and disposed on 04.06.2015. E-COURTS Family Court. Nellore Case Details Case Type 03 - 04 GIVE. 5. . Fing Number THIACHE For One 28....