PRATHEUSH ANTONY LANGBEIN,MULAVANA HOUSE, THURUTHY P.O, VAZHAPPALLY WEST V. DCIT CIRCLE INTL.TXN, TVM, THIRUVANANTHAPURAM

ITA 507/COCH/2025

AI Insights

The case involves Pratheush Antony Langbein, a Non-Resident Indian, who appealed against the final assessment order for the Assessment Year 2018-19. The appellant did not file a regular return of income, but it was discovered that he sold immovable property for Rs. 40,00,000 during the relevant previous year. The Deputy Commissioner of Income Tax (DCIT), Circle International Taxation, Thiruvananthapuram, issued a notice under section 148 of the Income Tax Act, 1961, leading to an assessment of long-term capital gains. The appellant's application to the Dispute Resolution Committee (DRC) was not admitted as the variation in the assessment exceeded the threshold limit of Rs. 10 lakh. Consequently, the final assessment order was passed, which the appellant contested in the Tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 717290 (ITAT-COCHIN)
• Duration Of Justice: 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 15-07-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJIT KUMAR DAS
• Assessee Lawyers: TONY C KALLUKALAM
• Section: 147; 148

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM ITA No. 507/Coch/2025 Assessment Year: 2018-19 Pratheush Antony Langbein, .......... Appellant Mulavana House, Thuruthy P.O., Vazhappally West, Kottayam, Kerala. [PAN: AVGPL 2952 D] vs. Dy. Commissioner of Income Tax .......... Respondent Circle International Taxation, TVM Appellant by: Shri Tony C Kallukalam, CA Respondent by: Shri Sanjit Kumar Das, CIT-DR Date of Hearing: 05.08.2025 Date of Pronouncement: 13.08.2025 O R D E R This appeal filed by the assessee is directed against the final assessment order dated 27.01.2025passed u/s. 147 r.w.s. 144C(13) of the Income Tax Act, 1961 for Assessment Year (AY) 2018-19. 2. Brief facts of the case are that appellant is an individual and Non-Resident Indian (NRI). No regular return of income u/s. 143(1) of the Income Tax Act, 1961 (for short, 'the Act') was filed by the appellant. Based on the information that appellant sold immovable property during the previous year relevant to the A.Y. 2018-19 for a Printed from counselvise.com 2 ITA No. 507/Coch/2025 Pratheush Antony Langbein consideration of Rs. 40,00,000/-. The DCIT, Circle International Taxation, TVM (for short, 'AO') formed an opinion that income escapement assessment to tax. Accordingly, a notice u/s. 148 was issued to the appellant on 07/04/2022. In response to the notice u/s. 148, appellant filed return of income on 18/11/2023 declaring nil income. Against the said return of income, draft assessment order u/s. 144C(1) of the Act was passed by the AO assessing long term capital gain at Rs. 22,60,916/-. On receipt of the draft order, the appellant had filed an application in Form No. 34BC before the DRC u/s. 245MA of the Act. The said committee not admitted the application on the ground that impugned order cannot be termed as ‘specified order’ as the aggregate sum of variation is more than the threshold limit of Rs. 10 lakh. Therefore, AO passed the final assessment order u/s. 147 r.w.s. 144C(13) of the Act dated 27/01/2025 assessing total income at Rs. 22,60,916/-. 3. Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal. 4. I have heard the rival submissions and perused the material on record. 5. At the outset, I find that on receipt of assessment order, the appellant had opted for DRC u/s. 245MA. However, DRC had not admitted the said application as the aggregate sum of variation proposed in the draft assessment order exceeded threshold limit of Rs. 10 lakh. The AO, on receipt of the order u/s. 245MA, passed Printed from counselvise.com 3 ITA No. 507/Coch/2025 Pratheush Antony Langbein final assessmentorder incorporating the addition proposed in the draft assessment order. Since the AO had passed the assessment order inline with the draft assessment order, which attained finality, we do not find any illegality or perversity in the assessment order. Accordingly, the appeal filed by the appellant stands dismissed. 6. In the result, appeal filed by the appellant stands dismissed. Order pronounced in the open court on 13th August, 2025. Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 13th August, 2025 vr/- Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order Assistant Registrar ITAT, Cochin Printed from counselvise.com "