TaxTMI 
TaxTMI 
2026 (9) TMI 581
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....omputed and Assessed at Rs 1,35,78,710/-. The total Income as per the Return of Income was NIL. That the aforesaid Assessment Order is dated 21/12/2019 of ITO Dhar MP which is hereinafter referred to as the "Impugned Assessment Order". 2.2) The brief facts of the case are that the case of the Assessee was selected u/s 148 of Act for Scrutiny. 2.3) That as per the record available; the Assessee had sold land valued at Rs 60,63,500/- during FY 2011-12. 2.4) Notice(s) u/s 148,142(1) were served on the Assessee. 2.5) That it was stated by the Assessee that he along with his mother was the owner of the land situated at Baggad, District -Dhar which was about -1.783 Acre, The land was situated in a rural area. The Assessee is 46 years old and has done his elementary education. The land was Agriculture land and was Ancestral Property of Assessee's late father and that the same was used for the agriculture purpose since many years. The said land was sold in the year 2011 by the Assessee along with his mother to M/s VE Commercial Vehicles Ltd which company established its manufacturing Unit on the said land. The Registered sale deed is dated 24/11/2011 in this regard. That before....
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....n Agreement for Sale of land in question and whether such an "Agreement for Sale" can be considered as " transfer" in the light of Section 53A of the Transfer of Property Act. The Ld Assessing Officer then has reproduced 53A of Transfer of Property Act As below:- "53A Part performance-Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues inpossession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming u....
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.....2023. The same has been successfully delivered 5.2 Finally on 29.11.2023 the appellant was issued following show cause notice: ".....Please refer to the above. In this regard, it is noted that you have been issued various notices from time to time, however, no response has been received from you till date. The details of such notices by this office are as under:- S. No Date of issue of notices/emails Date of compliance Remarks 1. 29.01.2021 08.02.2021 No response 2. 30.04.2023 15.05.2023 No response 3. 22.11.2023 28.11.2023 No response 2. In the case of CIT Vs. B.N. Bhattacharjee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that: "The appeal does not mean merely filing of the appeal but effectively pursuing it." 3. In view of the above facts and legal position, you are hereby given the show cause as to why the appeal in your case be not decided on the basis of material available on record, due to continued non-compliance at your end till date. However, to meet the ends of natural justice, you are hereby given a final opportunity to make ....
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....the above. 1 upheld the decision of the AO and confirm the addition of Rs. 1,35,78,713/- Accordingly, all grounds of appeal are hereby dismissed 8. In the result, the appeal is dismissed. Order passed under section 250 read with section 251 of the Act. 2.12) That the Assessee being Aggrieved by the "Impugned Order" has preferred the Instant second Appeal before this Tribunal and has raised following grounds of appeal in the form No.- 36 against the "Impugned Order" which are as under:- 1. On the facts and in the circumstances of case and in law. Ld CIT(A) erred in not accepting assessee's contention about the land sold by assessee being erroneously treated as capital asset in the assessment order, even though the said land was an agriculture land situated in rural area and accordingly was not a capital asset. It is prayed that land sold by the assessee be treated as agriculture land situated in rural area and accordingly capital gain calculated by the Ld. AO may please be deleted 2. On the facts and in the circumstances of case and in law and without prejudice to above ground of appeal, Ld. CIT(A) ought to have appreciated that the impugned assessm....
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....anvassed before us are of the considered opinion that the "Impugned Assessment Order" is under 144 of the Act and part reply is on record. Full and complete documents including the Agreement of sale, dated 17/06/2011 SDM order and Collectors' order on Diversions are not placed on record. It is for the Assessee to place on the records of the Ld Assessing Officer who is the original Adjudicating Authority to place the Agreement of sale, Sale deed, Orders of SDM and Collector on Diversions etc along with all the material, evidences, supportings etc so that Ld AO can without any difficulties could do proper Adjudication and Adjudgement. The Opportunities to the Assessee should be utilized fully and half hearted information and the documents should not be given. In the instant case even before Ld CIT(A) the Assessee has remained Non Compliant and was not participative. We thus find Assessee to be a Non Complaint Assessee at both the levels. Ultimately Income of Assessee is required to be computed and Assessed basis all documents, material and evidences which has not happened. Even before us "Agreement of Sale" dt 17/06/2011 is not placed in paperbook nor any attention towards the same i....