TaxTMI 
TaxTMI 
2026 (9) TMI 1441
X X X X Extracts X X X X
X X X X Extracts X X X X
.... "1. The learned Commissioner of Income Tax (Appeals) erred both in facts and in law in upholding the addition of Rs.1,21,00,254/- under Section 69 of the Income Tax 1 Act, 1961 as unexplained investment, without appreciating that the said amount was jointly invested by the appellant along with her husband and son towards purchase of an immovable property. 2. The learned Commissioner of Income Tax (Appeals) has erred both in facts and in law in sustaining the addition of 21,21,00,254/- under Section 69 of the Income Tax Act, 1961, treating the same as unexplained investment, without appreciating that the said amount represents cumulative payments made over multiple Assessment Years pursuant to a duly executed Agreement to Sale date....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he present case was filed in response to a 5 notice issued under section 148, and therefore, as held by the Hon'ble ITAT Ahmedabad in the case of Indu Rohitkumar Pathak vs. ITO (ITA No. 552/Ahd/2022), the levy of interest under section 234A, if any, should be restricted only from the date of issue of notice under section 148 and not from the due date under section 139(1). Accordingly, the interest levied is excessive, unjustified, and liable to be deleted or suitably reduced. 6. The Ld. CIT(A) and Ld. AO erred in law and on facts by issuing the Show Cause Notice under Section 148 of the Act, despite the fact that the Jurisdictional Assessing Officer, Ward 28(1)(1) Mumbai, lacks the authority to issue such notice. This position ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... her husband are aged person and not conversant with digital modes of communication. Her husband, is also not tech-savvy and could not appreciate the significance of the email id. As a result, the appellant remained unaware of the order and the timelines for appeal. 06. Consequently, due to this genuine and unavoidable lack of digital awareness and understanding, the appellant remained completely unaware of the receipt of the appealable order and, crucially, the statutory timelines for filing the appeal. Had we been aware, we would have promptly taken the necessary steps. PERSONAL TRAGEDY LEADING TO EMOTIONAL AND MENTAL HARDSHIP 07. The appellant's only son, Mr. Tushar Mahanty, was undergoing treatment for a s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e appeal. It is a settled principle of law, as enunciated by the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji, 1987 AIR 1353, 1987 SCR (2) 387, 1987 SCC (2) 107) that when "substantial justice" and "technical considerations" are pitted against each other, the former must prevail. The expression "sufficient cause" must receive a liberal construction to advance the cause of justice. In view of the emotional trauma and the digital divide faced by the Assessee, we find the delay was neither deliberate nor negligent. The assessee was prevented by way of sufficient cause in filing the appeal on time, as there are bonafide reasons for the delay, accordingly, we condone the delay in filing the appeal and admit the same fo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he A.Y. 2018-19. The total payment regarding the purchase of immovable property made proportionally by 3 coowners. 4.3 I have gone through the grounds of appeal, statement of facts assessment order and the submissions of the appellant. It is simply held by the appellant that the property was purchased by 3 co-owners viz appellant, her husband and her son. The appellant has filed a statement showing the payments made to towards purchase of flat. it is seen that the appellant had paid Rs. 85,26,000/- including GST and her husband Sri Bijaychandra Mahanty has pald Rs. 23,22,200/- incl GST. Her son mr. Tushar Mahanty had stated to have been paid of Rs. 1,80,000/-. 4.1.1 It is seen from the computation of income filed along wit....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hased by assessee along with her husband and son and investment has been made by all the three family members, which was spread over past many years. Ld. Counsel referred to the paper book pages explaining the year wise payment made to the builder along with bank statement of all the three family members. The Ld. counsel also referred to the legal ground challenging the validity of the reassessment but we find that submissions regarding source of investment were not filed before either the Ld. CIT(A) or the Assessing officer, therefore all those documents are in nature of the additional evidence. 5.1 Having considered the submission of the assessee, we are of opinion that documentation of assessee purportedly demonstrates: * Co-....