BALAJI FINANCE,GAWAL vs. INCOME TAX OFFICER, WARD-1, MAHBUBNAGAR
What did the Tribunal hold?
The Tribunal condoned the delay, finding the assessee's reasons to be bonafide and substantial justice to be preferred over technicalities. While prima facie evidence suggested the land cost was separately reflected, the Tribunal felt verification from underlying records was necessary.
What were the facts?
The assessee had a delay of 89 days in filing an appeal before the Tribunal due to medical reasons, supported by a medical certificate. The core issue involved the disallowance of the indexed cost of acquisition of land by the Assessing Officer (AO) while computing long-term capital gains, on the premise that the land cost was included in the construction cost.
What were the issues?
Whether the indexed cost of acquisition of land is deductible for computing long-term capital gains, and if it was erroneously disallowed by the AO due to mistaken inclusion in construction costs.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144B,Section 55(2)(b)(i)
AI-generated summary — verify with the full judgment below
ITA No.1375/Hyd/2025 | 2 At the outset, it is seen that there is a delay of 89 days in filing the present appeal before this Tribunal, for which the assessee has filed a petition seeking condonation of delay along with an affidavit explaining the reasons for such delay. The Learned Authorised Representative (“Ld. AR") submitted that the order of the Ld. CIT(A) was passed on 07.03.2025, whereas the assessee could file the appeal before this Tribunal only on 28.08.2025, resulting in a delay of 89 days. It was submitted that earlier the assessee had undergone angioplasty and during the relevant period, he suffered from stress and physical weakness. It was further submitted that in April 2025, the assessee was medically advised complete rest for a period of three months. In support of the said contention, a medical certificate issued by the treating doctor has been placed on record. The Ld. AR further submitted that immediately after the assessee's health condition improved, he took steps to file the appeal and accordingly filed the present appeal before the Tribunal on 28.08.2025. It was contended that the delay in filing the appeal was neither deliberate nor intentional but occurred
The order continues below.
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