DEVENDRA MOHANBHAI PATEL,PATAN vs. THE ITO, WARD-1, PATAN

O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned This appeal is filed by the Assessee against the appellate order dated 21.03.2024 passed by the Commissioner of Income Tax (Appeals) Mumbai/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2012-13. 2. The assessee has raised the following grounds of appeals:

1. Whether, on facts and in circumstances of the case and in law, Ld.CIT(A) has erred in confirming addition of short-term capital gain amounting to Rs.30,00,000/- Devendra Mohanbhai Patel Vs. ITO Asst. Year : 2012-13 - 2– Further, appellant craves leave to add, amend, alter on withdraw all or any ground of appeal.

3. On going through the record, we find that the notices u/s.250 were issued on 28.01.2021, 28.12.2023 & 13.03.2024, requesting the assessee to submit certain details/clarification/ explanation regarding sale of immovable property. Since the assessee remains un-compliant with the notices issued by the Ld.CIT(A), the action of the Assessing Officer was confirmed and the appeal was dismissed by the Ld.CIT(A). Before us, the Ld. Counsel for the assessee submitted that the non- compliance before the lower authorities occurred due to the non-receipt of notices. It was explained that the email ID reflected in the e-filing portal did not belong to the assessee, due to which the assessee remained unaware of the communications from the revenue authorities. The Ld. Counsel submitted that given an opportunity, the assessee is willing to submit all necessary details, evidences and explanations in support of her claim regarding the said transaction.

…5. This office is in possession of information as available in AIR of ITS of the asssessee’s PAN. As per AIR information, the assessee entered in transaction of sale of immovable property with consideration of Rs 30,00,000/- In the assessment proceedings, the assessee was required to furnish the details/documents in respect of property sold called for via notices issued time to time. However, the assessee has not complied the notices and skipped the assessment proceedings To finalize the assessment, information was sought from the SRO, Mehsana, who vide letter did 26.11.2019 furnished copy of sale deed. As per sale deed, the property situated at Village Motidau, Dist Mahesana Revenue Survey no. 1132 sold by the assessee with consideration of Rs 30,00,000/Further, it was noticed that the said property valued by the stamp authority at Rs 30,00,000/- The sale deed was registered with SRO Mehsana vide registered document no Devendra Mohanbhai Patel Vs. ITO Asst. Year : 2012-13 - 3– 10198/2011 did. 25.11.2011 Though substantial amount of sale consideration was received from transfer of assets which is chargeable to tax under the head capital gain, no return of income filed by the assessee u/s 139(1) of the IT Act or against the notice u/s 148 of the Act. Further, the assessee has not availed any opportunities provided through various notices issued in the assessment proceedings. In absence of the details of purchase/sale of the property in question, entire amount of sale consideration of Rs. 30,00,000/- treated as short term capital gain Penalty proceedings u/s 271 (1) (c) of the Act initiated separately for concealment of income…