NARESH KUMAR,GHAZIABAD vs. COMMSSIONER OF INCOME TAX APPEAL, GHAZIABAD

Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

It transpires at the outset with the able assistance coming from the Revenue side that the learned Assessing Officer had initiated section 148/147 proceedings against the assessee alleging him to have sold lands amounting to Rs.34,00,000/- on 18.07.2014 whereas it turns out that he ended up adding the Naresh Kumar 2 236 (Bom.) to delete the impugned long term capital gains addition of Rs.41,14,000/- in the assessee’s hands. The same is directed to be deleted.

It is noticed at the outset that the learned lower appellate authority has refused to condone the assessee’s delay in filing of the lower appeal instituted on 21.08.2020 against the assessment order dated 22.11.2018. That being the case, it is manifestly clear that at least a part of the above intervening time period herein above is covered under Covid-19 pandemic outbreak upto 28.02.2022 which already stood excluded for all intents/purposes as per hon’ble apex court landmark decision Cognizance for Extension of Limitation, in Re (2022) 441 ITR 722 (SC).

Faced with this situation and in light of the fact that the assessee has already explained his delay in institution of the lower appeal, the same is hereby condoned going by Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC). Naresh Kumar 3 7. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 21/07/2025. (Satbeer Singh Godara)