RAJESH,NOIDA vs. ITO WARD-5(3)(1), GAUTAM BUDH NAGAR
PERSUDHIR KUMAR, JUDICIAL MEMBER:
The assessee preferred the captioned appeal, challenging the order dated 20.09.2024passed by the National Faceless Appeal Centre
(herein after referred {NFAC}pertaining to assessment order dated
Assessee by None
Revenue by Sh. Ajay Kumar Arora, Sr.
DR
Date of hearing
21.07.2025
Date of pronouncement
25.07.2025
A.Y. 2013-14
14.09.2022for Assessment year 2013-14 under Sections 271(1)(c) of the Income Tax Act, 1961 (“The Act for short”).
2. The assessee has raised the flowing grounds in appeal:
1. That the assessment order passed u/s 271(1)(c) of the Income Tax
Act was bad in law.
2. Initiation of proceedings u/s 148 was completely on erroneous facts, without application of mind, so the same should be decided as void ab initio.
3. That the failure to invoke the provisions of Section 50C of the Income Tax Act for determining the accurate market value of the property was a serious procedural lapse, rendering the assessment order flawed and unjustifiable.
4. That the appellant had already filed reports from Registered
Valuer under Section 50C of the Income Tax Act, but due to a filing error, these documents were mistakenly submitted in the penalty order appeal rather than in the quantum appeal. Despite being filed, the CIT(A) did not consider these reports in the penalty appeal, which further prejudiced the appellant’s case.
5. That the first appellate authority also failed to appreciate the documentary evidence as filed before the same. Thus, the impugned order has not merit as provided under Section 250 of the Act.
6. If, necessary additional/ revised/ modified grounds of Appeal shall be filed at the time of hearing of the instant Appeal.
3. The assessee has filed the application for condonation of delay for 37 days. In the application the assessee has stated that due to illness he has not filed the appeal within prescribed time
A.Y. 2013-14
Wing, Unit-2 Noida that the assessee had sold an immovable property amounting to Rs.35,00,000/- during F.Y.2012-13 relevant to AY 2013-14. The circle rate of the property was Rs.82,61,000. On perusal of the data available on system, it was found that the assessee had not filed his return of income for the year under consideration i.e. A.Y. 2013-14. 5. The case of the assessee was selected for scrutiny by invoking the provisions of section 147 of the Act, and accordingly notice u/s.
148 of the Act, was issued on 31.03.2021 after recording the satisfaction of Ld. PCIT, Noida. A notice u/s. 142(1) of the Act, alongwith detailed questionnaire was issued on 12.11.2021. However, no compliance to notice u/s. 142 (1) of the Act dated
12.11.2021 was made by the assessee.
A.Y. 2013-14
Order pronounced in the open court on 25/07/2025. (M. BALAGANESH)
JUDICIAL MEMBER
Dated: 25 July,2025. Neha, Sr. PS