SAGAR MUKESH THAKAR,AHMEDABAD vs. THE ITO, WARD-3(3)(5), AHMEDABAD

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ITA 2089/AHD/2025Status: DisposedITAT Ahmedabad13 May 2026AY 2017-184 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal, subject to a cost of Rs. 5,000/- to be deposited in the Prime Minister National Relief Fund. It directed the Assessing Officer to recalculate capital gains by considering the actual sale price of Rs. 2.5 crores and allowing the cost of acquisition with indexation.

What were the facts?

The assessee's appeal was filed with a significant delay of 432 days. The delay was attributed to the assessee's AR/CA not informing them about the CIT(A)'s order. The core issue involved the correct sale consideration of land and the subsequent calculation of capital gains.

What were the issues?

Whether the delay in filing the appeal should be condoned and whether capital gains were correctly computed without considering the cost of acquisition and indexation.

Which sections of the Income-tax Act were involved?

Section 148,Section 250,Section 270A,Section 234A,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: Shri Sanjay Garg & Smt. Annapurna Gupta

For Appellant: Shri Parin Shah, AR
Hearing: 20/04/2026Pronounced: 13/05/2026

आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु� अपील ( ) / The CIT(A)-(NFAC) 5. िवभागीय �ितिनिध आयकर अपीलीय अिधकरण अहमदाबाद /DR,ITAT, Ahmedabad. , , 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,

सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण, ITAT, Ahmedabad

1.

Date of dictation (dictation pad is attached with the file)) : 20.04 2026 2. Date on which the typed draft is placed before the : 21.04.2026 Dictating Member. 3. Date on which the approved draft comes to the Sr.P.S./P.S : 27.04.2026 4. Date on which the fair order is placed before the Dictating : Member for pronouncement. 5. Date on which fair order placed before Other Member : 6. Date on which the fair order comes back to the : 13.05.2026 Sr.P.S./P.S. 7. Date on which the file goes to the Bench Clerk. : 13.05.2026 8. Date on which the file goes to the Head Clerk. : 9. The date on which the file goes to the Assistant Registrar : for signature on the order. 10. Date of Despatch of the Order :

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