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Facts
The assessee's appeal is against the order of the CIT(A) concerning AY 2012-13, stemming from an assessment order under Section 147 r.w.s. 143(3) of the Act. The AO made an addition of Rs. 3,04,772/- on account of bogus Long Term Capital Loss.
Held
The Tribunal condoned a 9-day delay in filing the appeal and, considering the assessee's grounds regarding lack of proper opportunity, remitted the matter back to the CIT(A) for fresh adjudication. This was done to allow the assessee to present submissions and evidence, ensuring a fair opportunity.
Key Issues
Whether the assessee was provided with proper opportunity for presenting submissions and evidence during the appellate proceedings before the CIT(A) regarding the addition for bogus Long Term Capital Loss.
Sections Cited
147, 143(3), 148
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
(Assessment Year: 2012-13) Ravi Navlani, Income Tax Officer 4(3), Ud-16 Appolo Square, Indore Race Course Road, Vs. Janjirwala Chouraha, Indore (Appellant / Assessee) (Respondent/ Revenue) PAN: ADJPN1579P Assessee by None Revenue by Ms. Ila Parmar, CIT-DR with Shri Nihar Sahu Date of Hearing 23.10.2025 Date of Pronouncement 24.10.2025 O R D E R Per Dr. Manish Borad, AM:
This appeal by the assesse is directed against the order dated 15.01.2025 of the Commissioner of Income Tax (Appeals), NFAC, Delhi for A.Y.2012-13 which is arising from the assessment order u/s 147 r.w.s. 143(3) of the Act dated 05.12.2019 framed by Income Tax Officer, Ward-4(3), Indore. application for condonation of delay stands filed by the assessee, we proceed to adjudicate the appeal with the assistance of Ld.
Departmental Representative ex-parte qua assessee. Registry has informed that there is delay of 9 days in filing the present appeal before this Tribunal and application of condonation of delay stands filed. On going through the reasons we notice that the delay was not intentional and assessee has not gained by delaying the instant appeal. Considering the ratio laid down by the Hon’ble Apex Court in the case of Inder Singh Vs.State of Madhya Pradesh judgment dated 21.03.2025 (2025 INSC 382) and also observing that the appeal filed by the appellant with a delay was unintentional, we condone the delay of 9 days and admit the appeal for adjudication.
Perusal of the grounds indicates that one of the issue raised by the assessee in Ground No.6 & 7 is that the Ld. CIT(A) failed to provide proper opportunity to the assessee by not considering the appellant’s submission and evidence.
Ld. Departmental Representative supported the order of the lower authorities. the record placed before us. We observe that the assessee is an individual and the assessment for the Assessment Year 2013-14 completed on 05.12.2019, u/s 143(3) r.w.s. 147 of the Act. The assessee declared income of Rs.4,09,350/- in the return filed on 05.09.2019 in response to the notice issued u/s 148 of the Act. Ld. A.O made an addition of Rs.3,04,772/- towards bogus Long Term Capital Loss. In the appellate proceedings Ld. CIT(A) affirmed the action of Ld. A.O as the assesssee failed to show the source of evidence towards the payment for purchase of equity shares and also failed to furnish the details of the parties to whom such payment was made. In the instant appeal the assessee has raised specific Ground No.6&7 stating that the assessee’s submissions and evidence have not been properly considered. Considering the said ground and also in the larger interest of justice and being fair to both the parties we provide one more opportunity to the assessee and remit back the issues on merits regarding alleged bogus long term capital loss to the file of Ld. CIT(A) for afresh adjudication to be carried out after considering the submissions of the assessee for which reasonable opportunity shall be granted and thereafter merits are allowed for statistical purpose.
In the result appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 24.10.2025.