Loading judgment…
Facts
The assessee sold an immovable property for Rs. 29,40,000, while the stamp duty value was Rs. 63,37,865. No return was filed for AY 2012-13, leading to a reassessment under Section 148. The Assessing Officer treated the stamp duty value as the sale consideration under Section 50C.
Held
The Tribunal found that the CIT(A) erred by not considering the additional evidence filed by the assessee. The case was remanded to the CIT(A) to admit the additional evidence and decide the appeal afresh, ensuring a reasonable opportunity of hearing.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal without considering additional evidence submitted by the assessee? Whether the reassessment proceedings and the addition under Section 50C were valid without providing a reasonable opportunity of hearing?
Sections Cited
250, 144, 50C, 148, 46A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-MS. SUCHITRA KAMBLE
IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER (Assessment Year: 2012-13) Jagdishsinh Bhagwansinh Mahida ACIT, Vs. U-2, City Tower, Kaliyawadi, Anand Circle, Green Road, Navsari-396427 Anand Gujarat [PAN : AHYPM 9143 P] (Appellant) .. (Respondent) Appellant by : Shri Chitrang Vaywala, AR Respondent by: Shri Kavan Limbasiya, Sr DR Date of Hearing 12.03.2025 Date of Pronouncement 09.04.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
This appeal has been filed by the assessee against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (in short ‘the CIT(A)’) dated 13.09.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2012-13. 2. The Assessee has taken following grounds of appeal:-
1. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in dismissing the appeal filed by the assessee only on the ground that no petition has been filed by the assessee for admission of additional evidence under Rule 46A of the IT Rules. Jagdishsinh Bhagwansinh Mahida Vs.ACIT Asst. Year : 2012-13 - 2–
2. On the facts and circumstances of the case as well as on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in confirming the action of assessing officer in passing order u/s 144 of the Act without providing reasonable opportunity of hearing to assessee.
3. On the facts and circumstances of the case as well as on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in confirming the action of assessing officer in making addition to the income of the assessee under the head of capital gains although land sold by assessee is not a capital asset. 4. On the facts and circumstances of the case as well as on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in confirming the action of assessing officer in making addition of Rs.63,37,865/- as undisclosed long term capital gain by invoking provisions of Section 50C of the IT Act 1961. 3. The brief facts of the case are that the assessee is an individual who derives income from salary, interest, remuneration as well as income from agricultural activities. For the impugned year, the Assessing Officer was in possession of an information that the assessee had sold an immovable property for Rs. 29,40,000/- and the value considered by the Sub-