SADHNA SHARMA,DELHI vs. ITO, WARD 40(4), DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI S. RIFAUR RAHMANSadhna Sharma, vs. ITO, Ward 40 (4), C/o Malik & Co. (Advisors & Advocates),
PER S.RIFAUR RAHMAN, ACCOUNTANT MEMBER :
This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT (A)] dated 25.07.2023 for Assessment Year 2016-17 raising following grounds of appeal :- “1. That in the facts and circumstances of the case, the Appellant-Assessee denies her liability to be assessed at an income of Rs.1,20,87,440/- against the returned income of Rs.6,19,650/- and thus denies its liability to pay tax, interest and/or penalty thereon.
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2. That in the facts and circumstances of the case, the Ld. AO and the Ld.
CIT(A) erred in making and upholding the addition of Rs.59,53,333/- on account of difference between V & the sale consideration.
That in the facts and circumstances of the case, the Ld. AO and the Ld. CIT(A) erred in disallowing the indexed cost of acquisition of Rs.47,07,399/-.
That in the facts and circumstances of the case, the Ld. AO and the Ld, CIT(A) erred in disallowing the indexed cost of improvement of Rs.47,07,399/-.
That in the facts and circumstances of the case, the Ld. AO and the Ld. CIT(A) erred in disallowing the indexed cost of acquisition of Rs.8,07,057/-.
That the Appellant-Assessee denies its liability to charge with interest u/s 234A, 234B & 234C of the Income-tax Act, 1961..”
None appeared on behalf of the assessee. We proceeded to adjudicate the issue with the assistance of ld. DR of the Revenue. 3. At the time of hearing, it was observed that notices u/s 250 of the Income-tax Act, 1961 (for short ‘the Act’) was issued on 11.07.2019, 03.01.2020, 12.02.2020 and 11.02.2021 asking the assessee to file her submissions. Thereafter, under the Faceless Appeal Scheme, notice u/s 250 was issued on 20.04.2023, 26.06.2023 and 10.07.2023 directing the assessee to file its submissions on or before 01.05.2023, 06.07.2023 and 17.07.2023 respectively. However, assessee has not complied all those notices and ld. CIT (A) proceeded to dispose off the appeal on the basis of material available on record and sustained the disallowance made by the Assessing Officer on indexed cost of improvement and index cost of acquisition. 4. Ld. DR of the Revenue relied on the orders of the authorities below.
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5. Considered the submissions of the ld. DR of the Revenue and material placed on record. We observe that the addition was sustained by the ld. CIT (A) by passing an ex-parte order on account of no documentary evidence pertaining to the matter was filed at the time of appellate proceedings and in our considered view and for the sake of complete justice, we are inclined to remit this issue back to the file of ld. CIT(A) to consider the facts in this case and collect the relevant information from the assessee and decide as per law, after giving proper opportunity of being heard to the assessee. We also direct assessee to make proper submissions and appear before the ld.CIT (A) on the date of hearing and cooperate with the tax authorities. Accordingly, the appeal filed by the assessee is allowed for statistical purposes.
6. In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on this 13th day of May, 2025
after the conclusion of the hearing. (SATBEER SINGH GODARA)
ACCOUNTANT MEMBER
Dated : 13.05.2025
TS