MAHENDRA KUMAR SANADHYA,C SCHEME vs. ITO WD 6(2), JPR, JAIPUR
Income Tax Appellate Tribunal, JAIPUR BENCH “A”, JAIPUR
Before: SHRI GAGAN GOYAL & SHRI NARINDER KUMAR
PER GAGAN GOYAL, A.M: This appeal by the assessee is directed against the order of NFAC, Delhi dated 27.05.2023 passed u/s. 250 of the Income Tax Act, 1961 (in short ‘the Act’).The assessee has raised the following grounds of appeal: 1. The appellant is an individual residing in Jaipur and filed his return of income for the Assessment Year 2015-16 declaring a total income of Rs. 16,27,540/-.
The Assessing Officer completed the assessment under section 144 of the Income Tax Act, 1961 on 13/12/2017, making an addition of Rs. 1,30,00,000/- on account of alleged long term capital gains.
Aggrieved by the assessment order, the appellant filed an appeal before the CIT(A). The CIT(A), vide order dated 27/05/2023, dismissed the appeal without considering the merits of the case.
The brief facts of the case are that the assessee individual filed its return of income at Rs. 16,27,540/- vide dated: 02.05.2016. The case of the assessee was selected for limited scrutiny and various statutory notices issued u/s. 143(2) and 142(1) of the Act vide assessment order. For non-compliance penalty notice was also issued, still there was no response from the side of the assessee. Ultimately, the case of the assessee was assessed u/s. 144 of the Act by adding back the amount of deduction u/s. 54 of the Act claimed by the assessee amounting to Rs. 1,32,42,337/-. The assessee, being aggrieved with this order of the AO, preferred an appeal before the Ld. CIT(A), who in turn dismissed the appeal of the assessee as there was absolutely non-compliance before him also, as pointed out in his order vide para 5.2 of the appeal order. The assessee being further aggrieved with the same preferred the present appeal before us with a delay of 506 Days. The assessee was conveyed about this delay in filing of appeal before us by the office of the