SWAGATA MONDAL,,NEW BARRACKPORE vs. ITO, WARD 49(1), KOLKATA,, KOLKATA

ITA 1711/KOL/2026Status: DisposedITAT Kolkata24 August 2026AY 2016-20176 pages
AI SummaryRemanded

What were the facts?

The assessee sold an immovable property and declared a sale consideration lower than the stamp duty value. The Assessing Officer (AO) made additions based on Section 50C and also for alleged concealment of salary income. The CIT(A) confirmed the AO's additions.

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It set aside the CIT(A)'s order and remanded the issues of capital gains and salary income to the AO for fresh consideration, taking into account the valuation report and Form 26AS.

What were the issues?

Whether the additions made by the AO under Section 50C and for concealment of salary income were justified, considering the available valuation reports and salary details.

Which sections of the Income-tax Act were involved?

Section 50C,Section 17(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH AT KOLKATA

Before: SHRI YOGESH KUMAR US & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Act for AY 2016-17 dated 11.02.2025. 1.1 The Registry has informed that the appeal is barred by limitation by 372 days. The assessee has filed an affidavit along with a petition for condonation of delay explaining the reasons that the earlier Tax Consultant who used to look after the income tax matters did not look into the

The order continues below.

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