ANANTH VASUDEV NAIK ,HYDERABAD vs. INCOME TAX OFFICER, WARD-10(5) , HYDERABAD
Appeal is allowed
ITA 1899/HYD/2019[2007-08]Status: DisposedITAT Hyderabad10 Jan 2022AY 2007-08
Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahuassessment Year: 2007-08 Anant Vasudeo Naik, Vs. The Income Tax Officer, Secunderabad. Ward – 10(5), Pan : Abgpn5360D Hyderabad. (Appellant) (Respondent) Assessee By: Shri Ravindra Chenji Revenue By: Shri Rohit Mujumdar Date Of Hearing: 06.01.2022 Date Of Pronouncement: 10.01.2022 O R D E R Per S. S. Godara, J.M. This Assessee’S Appeal For A.Y. 2007-08 Arises From The Commissioner Of Income Tax (Appeals) – 6, Hyderabad’S Order Dated 01.06.2018 In Appeal No.10034/17-18/B2 Cit(A)-6, Involving Proceedings U/S. 271(1)(C) Of The Income Tax Act, 1961 [In Short, ‘The Act’]. Heard Both Parties. Case File Perused. 2. We Notice At The Outset That Assessee’S Instant Appeal Suffers From 514 Days Of Delay In Filing. Learned Counsel Submitted That Assessee Is Old Aged Person & Not At All Conversed With E-Proceedings & Could Not Track The Messages, Which Caused The Impugned Delay In Filing Of The Instant Appeal. The Same Are Unrebutted From The Revenue’S Side During The Course Of Hearing. Case Law Collector Land Acquisition Vs. Mst. Katiji & Ors 1987 Air 1353 (Sc) & University Of Delhi Vs. Union Of India, Civl Appeal No.9488 & 9489/2019 Dt.17.12.2019, Hold That Such A Delay; Supported By Cogent Reasons, Deserves To Be Condoned So As To Make Way Of The Cause Of Substantial Justice. We Accordingly Hold That Assessee’S Impugned Delay Of 514 Days Is Neither Intentional Nor Deliberate. The Same Stands Condoned. Case Is Now Taken Up For Adjudication On Merits Therefore.
For Appellant: Shri Ravindra ChenjiFor Respondent: Shri Rohit Mujumdar
Section 271(1)(c)Section 50C
1)(c) penalty of Rs.8,96,330/-, we note with the able assistance of both the parties that the same has arisen on account of a long term capital gains addition to the tune of Rs.54,50,000/- made in assessment order dt.17.06.2014
invoking section 50C of the Act thereby determining the difference amount between actual sale price