PARANJYOTHI THOTA,HYDERABAD vs. ACIT, CIRCLE-5(1), HYDERABAD
What did the Tribunal hold?
The Tribunal held that the assessee sold her share of the property in her individual capacity, not as HUF, and thus the capital gains were assessable in her hands. The penalty for concealment of income was also upheld.
What were the facts?
The assessee did not file her return of income for AY 2012-13. The Assessing Officer (AO) reopened the case under Section 147 and determined long-term capital gains on the sale of ancestral property. The assessee's appeal to the CIT(A) was dismissed due to delay and on merits.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned, and whether the capital gains from the property sale were assessable in the individual's hands or HUF.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 142(1),Section 50C,Section 144,Section 271(1)(c),Section 274
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Cases cited in this judgment(6)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ITO v. Ch. Atchaiah149 citing218 ITR 239 · 1996 · SC · Read judgment
- Prashant Projects Ltd. v. DCIT53 citing37 Taxmann.com 137 · 2013
- Office of the Chief Post Master General v. Living Media India Ltd.50 citing207 Taxmann 163 · 2012 · SC
- Balwant Singh (Dead) v. Jagdish Singh47 citing8 SCC 685 · 2010 · SC
- J.B. Advani & Co. (P.) Ltd. v. CIT26 citing72 ITR 395 · 1969 · SC
- Ajit Singh Thakur Singh v. State of Gujarat10 citing1 SCC 495 · 1981
Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: Shri Vijay Pal Rao, Vice-Shri Manjunatha G.
Per MANJUNATHA, G. A.M. These two appeals filed by the assessee are directed against the separate orders passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 09/09/2025 and 25/09/2025, for the Assessment Year 2012-13. ITA Nos 2050 and 2079 of 2025 Paranjyothi Thota
The assessee has raised the following grounds of appeal in ITA No.2050/Hyd/2025 for the A.Y 2012-13:
ITA Nos 2050 and 2079 of 2025 Par
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More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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