AMIT RAJENDRA GUPTA,MUMBAI vs. WARD 29(1)(1), MUMBAI
What did the Tribunal hold?
The Tribunal noted the assessee's repeated non-compliance before the AO and CIT(A). However, it observed that the AO had brought the entire sale consideration of Rs. 78,00,000 to tax as short-term capital gains without clarity on the basis of information received or how this conclusion was reached. The Tribunal emphasized that even in a best judgment assessment, the AO must act judiciously and base the decision on available material. It was found that the AO either lacked complete information or failed to consider it properly, particularly regarding the allowance for cost of acquisition and indexation. Consequently, the Tribunal restored both matters, the addition of Rs. 78,00,000 and the addition of Rs. 9,06,000, to the file of the AO. The AO is directed to ascertain the correct facts, cost of acquisition, and period of holding to determine the appropriate tax. The assessee is granted one more opportunity to attend proceedings and provide necessary documentation. The ratio decidendi is that a best judgment assessment requires judicious application of available material, and where such application is questionable, the matter should be remanded for proper adjudication, especially when capital gains computation is involved.
What were the facts?
The assessee, Amit Rajendra Gupta, is in appeal against the order dated 13.12.2024 passed by the CIT(A)/NFAC, which upheld the additions made by the Assessing Officer (AO) for Assessment Year 2011-12. The case was reopened under Section 148 based on information that the assessee sold immovable property for Rs. 78,00,000. Despite notices and a show-cause notice, the assessee did not comply. The AO consequently passed a best judgment assessment order under Section 144 read with Section 147, determining the assessed income at Rs. 87,06,000. The CIT(A) confirmed these additions ex-parte due to the assessee's non-prosecution. The assessee then filed the present appeal before the ITAT.
What were the issues?
1. Whether the Ld. CIT(A) erred in passing an ex-parte order under Section 250 and confirming the addition of Rs. 78,00,000 made by the AO, and whether the same should be deleted? (Question of law and fact, concerning Section 250 of the Income-Tax Act, 1961). 2. Whether the Ld. CIT(A) erred in passing an ex-parte order under Section 250 and confirming the addition of Rs. 9,06,000 made by the AO, and whether the same should be deleted? (Question of law and fact, concerning Section 250 of the Income-Tax Act, 1961). Assessee's contentions: The assessee argued that the CIT(A) erred in passing an ex-parte order and confirming the additions, seeking their deletion. The assessee also reserved the right to add, amend, or alter grounds of appeal. Revenue's contentions: The Revenue was represented by the CIT DR. No specific arguments for the Revenue were recorded in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH MUMBAI
Before: SHRI VIKRAM SINGH YADAV & SHRI ANIKESH BANERJEE
आदेश / O R D E R PER VIKRAM SINGH YADAV (A.M):
The present appeal has been preferred against the impugned order dated 13.12.2024 passed by the Ld. Commissioner of Income–tax(Appeals)/ National Faceless Appeal Centre (NFAC) [hereinafter referred to as the “CIT(A)”] u/s. 250 of the Income-Tax Act, 1961 [hereinafter referred to as "Act"] for the Assessment year [A.Y.] 2011-12.
Amit Rajendra Gupta 2. In its appeal, the assessee has taken the following grounds of appeal: “ 1) Under the facts and circumstances of the case and in law the Ld. CIT(A) has erred in passing the order U/s 250 of the Act and that the same should be set aside. 2) Under the facts and circumstances of the case and in law the Ld. CIT(A) having passed an order u/s 250 exparte, have erred in confirming the addition of Rs. 78,00,000/- made by the AO and that the same should be deleted. 3) Under the facts and circumstances of the case and in law the Ld. CIT(A) having passed an order u/s 250 exparte, have erred in confirming the addition of Rs. 9,06,000/- made by the AO and that the same should be deleted. The appellant craves the right to add, amend, alter, modify or substitute any or all the grounds of appeal at the time of hearing.”
None appeared on behalf of the assessee nor was any adjournment application filed. Thereafter considering the issue involved in the present appeal, it was felt that no useful purpose will be served in adjourning the matter any further and to decide the matter basis material available on record.
Briefly the facts of the case are that the case of the assessee’s case was reopened u/s. 148 basis information that the assessee has sold certain immovable property for a consideration of Rs. 78,00,000/- during the year under consideration and notices were issued, however, there was no compliance on the part of the assessee. Thereafter, the show- cause was also issued to the assessee. Again there was no compliance on the part of the assessee. Thereafter, the AO proceeded and passed the order u/s. 144 r/w 147 of the Act wherein he has determined the assessed income at Rs. Amit Rajendra Gupta 87,06,000/-. The assessee thereafter carried the matter in appeal before the ld. CIT(A) who has since sustained the order so passed by the AO on account of non-prosecution by the assessee. Against the said order, the assessee has filed the present appeal before us.
We have heard the ld. DR and perused the material available on record. Though we find that there is repeat non-compliance on the part of the assessee in terms of filing the necessary information/documentation before the AO as well as before the CIT(A), at the same time, we find that the AO has brought to tax the whole of the sale consideration to tax as short term capital gains. On the perusal of the assessment order, we are unable to decipher what is the information which was available with the AO in respect of the sale of the immovable property and how the AO has arrived at the finding that the whole of the sale consideration can be brought to tax as short term capital gains. Even in passing the best judgment assessment, the AO has to act judiciously and decide the matter based on material available on record. In the instant case, it appears that either the AO was not in receipt of full information from the reporting authority or has failed to take into consideration the information so received. In any case, while computing the capital gains, the AO has to allow the cost of acquisition and indexation thereof where applicable. We therefore are of the opinion that the matter need to be restored to the file of the AO to ascertain the correct facts, cost Amit Rajendra Gupta of acquisition, period of holding etc and thereafter determine the appropriate tax which is leviable on the sale transaction under consideration. The assessee is also given one more opportunity and is directed to attend to the proceedings before the AO and to file necessary information and documentation and is at liberty to raise necessary contentions as so advised. In the result, we set aside the matter to the file of the AO to decide the same afresh as per law after providing reasonable opportunity to the assessee.
In view of the aforesaid, the other matter relating to addition of Rs 9,06,000/- is also set-aside to the file of the AO to decide the same afresh as per law after providing reasonable opportunity to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in open court on 12.09.2025.
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