2026 (7) TMI 1022

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....2018-19. 2. At the outset, there is a delay of 29 days in filing the present appeal before the Tribunal. The assessee has filed an affidavit explaining the reasons for the delay. It was submitted that the assessee had preferred an appeal before the Ld. CIT(A) against the assessment order dated 21.03.2023 for the assessment year 2018-19. The Ld. CIT(A)-12, Hyderabad passed the appellate order on 03.09.2025 and the same was communicated electronically on the same day to one of the assessee's ex-employee as well as to the erstwhile auditor whose details were available on the Income-tax portal. 3. It was further submitted that, neither the ex-employee nor the old auditor informed the assessee about the passing of the appellate order. ....

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....ITR 471 (SC), has held that, a liberal and pragmatic approach should be adopted while considering applications for condonation of delay so that substantial justice is advanced and meritorious matters are not defeated on technical grounds. Respectfully following the principles laid down by the Hon'ble Supreme Court and considering the bona fide reasons explained by the assessee, we condone the delay of 29 days in filing the appeal and admit the appeal for adjudication. 6. The brief facts of the case are that the assessee is an individual who filed a return of income for A.Y. 2018-19 on 21.12.2018 admitting a total income of Rs. 24,60,000/-. A search and seizure operation under Section 132 of the Act, was conducted in the case of M/s. ....

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...., after considering the submissions and also taking note of the information found during the course of search, computed capital gains by taking into account the consideration as per the sale deed and the on-money received and, after allowing indexed cost of acquisition, computed long term capital gains of Rs. 43,80,292/- and added the same to the total income. 8. Aggrieved by the assessment order, the assessee preferred an appeal before the Ld. CIT(A). Before the Ld. CIT(A), the assessee claimed that the impugned land sold to M/s. WIIZ Realtors LLP is an agricultural land situated beyond the specified limits of a municipality, which is not taxable under the Act. The assessee further denied receipt of cash and argued that the A.O. made th....