HARSHAD MANSUKHLAL SHAH. ,MUMBAI vs. ACIT,CIR-29,KOLKATA. , KOLKATA
In the result, appeal of the assessee is allowed
ITA 948/KOL/2023[2015-16]Status: DisposedITAT Kolkata08 May 2024AY 2015-16
Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 948/Kol/2023 Assessment Year: 2015-16 Harshad Mansukhlal Shah Acit, Circle-29, Kolkata 1208, C2 Wing Sheetal Nath Vs Gordia Nagar, Kurla Mumbai - 700077 [Pan : Alops0164Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Swapan Kumar Bera, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 10/12/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2015-16. 2. The Appeal Is Time Barred By 577 Days. On The Last Date Of Hearing I.E., 21/03/2024, The Bench After Considering The Condonation Application & Other Facts & Circumstances Of The Case Has Condoned The Delay In Filing Of The Instant Appeal Vide Its Order Dt. 21/03/2024, Which Forms Part Of The Record. Thus, We Proceed To Adjudicate The Appeal On Merits. 3. The Assessee Has Raised The Following Grounds Of Appeal:- “That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Erred In Accepting The View Of The Ao That The Disclosed Short-Term Capital Gain Of Rs. 18,67,181/- As Business Income Of Rs. 18,67,181/-.
For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Swapan Kumar Bera, JCIT, Sr. D/R
Section 112Section 143(3)Section 250
condoned the delay in filing of the instant appeal vide its order dt. 21/03/2024, which forms part of the record. Thus, we proceed to adjudicate the appeal on merits.
3. The assessee has raised the following grounds of appeal:-
“That on the facts and in the circumstances of the case, the Ld. CIT(A) is erred in accepting the view
