DIPTI N. KHEMANI,MUMBAI vs. I.T.O. 25(3)(2), MUMBAI

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ITA 5120/MUM/2012Status: DisposedITAT Mumbai10 March 2017AY 2009-107 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal heard the appeal ex-parte on merits after the respondent's representative presented their case. The assessee had denied purchasing the property in question, which was the basis for the assessment.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order upholding the assessment of capital gains as income from other sources. Despite multiple notices, the assessee failed to appear before the tribunal.

What were the issues?

Whether the capital gains were correctly assessed as income from other sources. The assessee's non-appearance and denial of property purchase were key factors.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI

Before: SHRI C.N. PRASAD & SHRI RAJESH KUMAR

Hearing: 29/12/2016Pronounced: 10/03/2017

अपीलार्थी की ओर से / Appellant by : None प्रत्यर्थी की ओर से / Respondent by : Shri Shrikant Namdeo सुनवाई की तारीख / Date of Hearing : 29/12/2016 घोषणा की तारीख Date of Pronouncement : 10/03/2017 आदेश / O R D E R PER C.N.PRASAD (J.M.) : This appeal is filed by the Assessee against the order of the Ld. CIT (Appeals)-35, Mumbai dated 24.05.2012 for the assessment year 2009-10.

2.

The only issue in the appeal of the Assessee is that the Ld. CIT (Appeals) erred in law in upholding the assessment of capital gains as income from other sources. From the order sheet we find that several 2 Dipti N Khemani 26.02.2015 till 29.02.2016, there was no representation by the Assessee when the matter posted on several days except on 16.09.2015 where the matter could not be heard for want of time and on 21.07.2016 where the Bench did not function on that day. Inspite of issue of notices by registered post acknowledgement due fixing the date of hearing on 28.03.2016, the notices returned unserved with an endorsement that the notice was unclaimed. Similarly the notice issued fixing the date of hearing on 29.12.2016 was returned unserved with an endorsement that the Assessee is left. Therefore, since the Assessee is not appearing, we heard the Ld. DR and dispose of this appeal on merits.

3.

The Ld. DR submits that the Assessing Officer while completing the assessment on 06.12.2011 u/s 143(3) of the Act noticed that as per the AIR information Assessee has purchased immovable property for Rs.36,51,000/-. The Assessee was required to submit the details along with source of investment. The Assessee through authorized representative by letter dated 03.10.2011 submitted certain details but to the query of purchase of property the Assessee denied to have purchased the said property. The Assessing Officer issued notices u/s 133(6) to the Joint Sub

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