PRASHANT PATEL,VADODARA vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, AAYAKAR BHAVAN,BARODA (VADODARA)
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD “SMC” BENCH
Before: Shri T.R. Senthil Kumar, Judicial Member And Shri Makarand Vasant Mahadeokar, Accountant Member
Prashant Patel
2 Krishnadeep Apartment,
B/h. Seven Seas Mall
Fathegunj, Vadodara
Baranpur S.O.,
Vadodara-390001
Gujarat
PAN: AKBPP3450G
(Appellant)
Vs
Assessment Unit,
Income Tax
Department
Ward-1(2)(2),
Vadodara
(Respondent)
Assessee Represented: Shri Sulabh Padshah, A.R.
Revenue Represented: Ms. Bhavnasingh Gupta, Sr.D.R.
Date of hearing
: 30-04-2025
Date of pronouncement : 02-05-2025
आदेश/ORDER
PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
This appeal is filed by the Assessee as against the exparte appellate order dated 16.12.2024 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the assessment order passed under section 147 r.w.s. 144 B of the Income Tax Act, 1961
(hereinafter referred to as ‘the Act’) relating to the Assessment Year
2014-15. ITA No: 354/Ahd/2025
Assessment Year: 2014-15
I.T.A No. 354/Ahd/2025 A.Y. 2014-15 Page No Prashant Patel Vs. AO, ITD
2
2. Brief facts of the case is that the assessee is an individual who has sold two pieces of land alongwith other co-owners for Rs.31,654,000/- and received his shares of Rs.62,70,066/-. The assessee also sold another piece of land for Rs.1,98,65,617/- and received Rs. 33,10,936/- which is claimed to be agricultural land and exempt from taxation. Since the assessee has not filed any Return of Income, the assessment was reopened by issuing notice u/s. 148 of the Act. During reassessment proceedings, the assessee submitted partial details. Therefore the Assessing Officer made the difference in value of the land of Rs. 33,78,645/- as the unexplained income of the assessee.
Aggrieved against the reassessment order, the assessee filed an appeal before Ld. CIT(A) which has resulted in passing exparte order.
Ld. Counsel appearing for the assessee submitted that there is some arithmetical mistake in computation of capital gain which was informed to the Assessing Officer during the course of assessment proceedings. However he made the addition. Therefore requested to give one more opportunity to explain its case before the Assessing Officer.
Ld. Sr. D.R. appearing for the Revenue has no serious objection in setting aside the matter to the file of Juri ictional Assessing Officer to pass fresh assessment order.
I.T.A No. 354/Ahd/2025 A.Y. 2014-15 Page No Prashant Patel Vs. AO, ITD
3
6. Recording the above submissions of both parties, the order passed by the Lower Authorities are hereby setaside with the direction to the Juri ictional Assessing Officer to pass fresh assessment order by giving proper opportunity of hearing to the assessee. Needless to say, the assessee should file all necessary documents before Juri ictional Assessing Officer for passing order on merits.
In the result, the appeal filed by the Assessee is allowed for statistical purpose.
Order pronounced in the open court on 02-05-2025 (MAKARAND VASANT MAHADEOKAR) (T.R. SENTHIL KUMAR)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad : Dated 02/05/2025
आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:-
1. Assessee
Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,
उप/सहायक पंजीकार
आयकर अपीलȣय अͬधकरण,
अहमदाबाद