SUBHLAXMI GURUNATH KAMAT,SINDHUDURG vs. INCOME TAX OFFICER, KUDAL
आयकर अपीलीय अधिकरण ”बी” न्यायपीठ पुणेमें।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “B” :: PUNE
BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER
आयकर अपऩल सं. / ITA No.1795/PUN/2025
निर्धारण वषा / Assessment Year: 2018-19
Subhlaxmi Gurunath Kamat,
308,
Kalasewadi,
Banda
S.O.(Sindhudurg), Banda,
Sindhudurg – 416510. V s
The Income Tax Officer,
Ward-1, Kudal,
Sindhudurg.
PAN: CMWPK9642J
Appellant/ Assessee
Respondent / Revenue
Assessee by Shri Pramod S Shingte
Revenue by Shri Aviyogi Ambadkar– Addl.CIT(DR)
Date of hearing
10/09/2025
Date of pronouncement 25/09/2025
आदेश/ ORDER
PER DR. DIPAK P. RIPOTE, AM:
This appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC] passed under section 250 of the Income Tax Act, 1961 for the A.Y.2018-19 dated
06.05.2025 emanating from the Assessment Order passed under section 147 r.w.s 144B of the Income Tax Act, 1961 dated
06.03.2023. The assessee has raised the following grounds of appeal :
ITA No.1795/PUN/2025 [A]
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“1. On the facts and circumstances of the case and in law the CIT(A),
NFAC erred in confirming the action of the AO, NaFAC of computing the income from Long Term Capital Gains in the hands of the appellant at Rs.52,80,000 applying the provisions of Section 50C.
The appellant submits as under, without prejudice to each other:
a. The amount of actual sale consideration at Rs. 40,00,000 being the fair market value, it is incorrect on the part of the AO to proceed with the provisions of section 50C without referring the valuation to the Departmental Valuation Officer in terms of the provisions of the said section.
b. The Long Term Capital Gain ought to have been calculated after allowing deduction u/s 48(1) of the indexed cost of acquisition.
The appellant prays that the A. O be directed accordingly
The appellant craves leave to add, amend, alter, modify, delete or add a new ground of appeal before or at the time of hearing.
Submission of ld.AR :
Ld.AR for the Assessee filed a paper book.
Submission of ld.DR :
Ld.Departmental Representative(ld.DR) for the Revenue relied on the order of Assessing Officer and ld.CIT(A).
Findings & Analysis :
We have heard both the parties and perused the records. In this case, Assessee had not filed Return of Income for A.Y.2018-19. The Assessing Officer received information. Accordingly, AO issued notice u/s.148 of the Act, on 31.03.2022. It is mentioned in ITA No.1795/PUN/2025 [A]
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the Assessment Order that an order u/s.148A(d) was passed on 31.03.2022. In compliance to notice u/s.148, Assessee filed Return of Income. Assessee submitted that Assessee is a Housewife and had Ancestral Land which was divided among the three sisters. The land was converted into Non-agricultural Land in 2012. The Assessee sold her share of land on 01.02.2018. As per the Agreement, the sale consideration was of Rs.40 lakhs. However, the value for the purpose of stamp duty adopted by the Deputy