RAHUL RAMCHANDRA PAWALE,PUNE vs. INCOME TAX OFFICE WARD-3(3), PUNE, PUNE

This appeal at the instance of the assessee is directed against the order dated 05.09.2024 passed by the NFAC, Delhi u/s 144 rws 147 of the Income tax Act, 1961 which is arising out of order u/s 147 rws 144 dated 17.01.2024

The Assessee has raised following grounds of appeal:-

At the outset Ld. Counsel for the assessee referring to ground No. 1 of the appeal stated that Ld. CIT(A) erred in dismissing the appeal solely on the grounds of delay in filing the appeal which was on account of medical reasons and therefore prayed for condoning the delay and providing an opportunity to go before Ld. Jurisdictional Assessing Officer (JAO) as the assessment year was also passed ex-parte and total sale consideration from sale of immovable property has been added in the hands of assessee.

On the other hand Ld. DR supported the orders of both the lower authorities.

We have heard rival contentions and perused the record placed before us. Assessee is an individual and did not furnish any return of income. Based on the information about sale of immovable property by the assessee and receiving sale consideration of Rs. 2,18,10,000/-, assessee’s case was selected for scrutiny by way of issuance of notice u/s 148 of the Act. As there was no response from the assessee’s side to various statutory notices issued by the AO., Ld. AO made addition for total sale consideration of Rs. 2,18,10,000/- received by the assessee.

Aggrieved assessee preferred appeal before Ld. CIT(A) but there was delay of 86 days. Assessee with the support of the evidence has demonstrated before us that the assessee was hospitalized in the month of January, 2024 and did not receive the income tax notices from time to time. We find this to be a reasonable cause and accordingly condone the delay of 86 days in filing of appeal before Ld. CIT(A) . Ideally the matter needs to be restored to the file of Ld. CIT(A), but the assessee has furnished various details in the Paper Book running into 205 pages to demonstrate that the assessee has a Prime-Facie case to plead before the Assessing Officer (A.O.) against the impugned addition and also furnish the details to prove that Land sold is an agricultural land and the share of assessee is also less than the share considered by the Assessing Officer (AO). We therefore in the larger interest of justice and being fair to both the parties deem it proper to remand the issue raised on merits to the file of the Jurisdictional Assessing Officer (JAO) for de-novo adjudication to be carried out after giving proper opportunity of hearing to the assessee and then decide in accordance with law. Assessee is also directed to remain vigilant and not to take unnecessary adjournment unless required for reasonable cause. Finding of Ld. CIT(A) is set aside and grounds of appeal raised by the assessee are allowed for statistical purposes.

In the result appeal of the assessee is allowed for statistical purposes.