LALJIBHAI PARSHOTTAMBHAI GAUDANI,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHEMDABAD

ITA 1238/AHD/2025Status: DisposedITAT Ahmedabad13 January 2026AY 2012-13Bench: MS. SUCHITRA RAGHUNATH KAMBLE (Judicial Member), SHRI NARENDRA PRASAD SINHA (Accountant Member)7 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal due to the assessee's medical condition. The assessee contended that the property sale agreement was entered into in FY 2004-05 and part payment was received then, invoking Section 50C(5). The Revenue disputed the existence of the earlier agreement. The CIT(A) had partly allowed the assessee's appeal.

What were the facts?

The assessee filed his return of income for A.Y. 2012-13. The Assessing Officer (AO) reopened the case under section 147 based on information that the assessee had sold land for a consideration lower than its Jantri value, leading to an addition under section 50C. The AO also made other additions, completing the assessment under section 143(3) r.w.s. 147.

What were the issues?

Whether the provisions of Section 50C(5) are applicable when the agreement for sale and part consideration were received in a prior financial year, and whether the reopening under Section 147 was based on valid reasons and followed principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(3),Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: MS. SUCHITRA RAGHUNATH KAMBLE & SHRI NARENDRA PRASAD SINHA

For Appellant: Shri Kalpesh Shah & Shri Anuj Kalpesh Shah, ARs
For Respondent: Shri Rameshwar P Meena, Sr. DR
Hearing: 22.12.2025Pronounced: 13.01.2026

PER NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER:

This appeal is filed by the assessee against the order of National Faceless Appeal Centre(NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], dated 20.09.2024 for the Assessment Year (A.Y) 2012-13 in the proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act.

2.

There was a delay of 180 days in filing of this appeal. The assessee has filed a condonation application along with affidavit explaining the reason for delay. It is explained that the assessee is a senior citizen, suffering from liver dysfunction which required recurring Laljibhai

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →