SMT. SANTUBEN PATEL,AHMEDABAD V. THE ITO, WARD-4(2)(3), AHMEDABAD

ITA 2058/AHD/2024

AI Insights

The case involves Smt. Santuben Patel, the appellant, contesting decisions made by the Income Tax Officer and upheld by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi. The disputes centered on the assessment year 2016-17, focusing on the addition of short-term capital gains and the imposition of penalties. The appellant argued that the CIT(A) erred in law and fact by passing orders ex-parte and not condoning the delay in filing the appeal. The Tribunal found procedural lapses in the initial assessments and decided to remand the case for a fresh assessment, emphasizing the need for the appellant to comply with future notices from the Assessing Officer.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 40796 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAMTA SINGH
• Assessee Lawyers: MOHIT BALANI
• Keywords: Condonation of delay
• Section: 48

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR.BRR KUMAR, VICE PRESIDENT I.T.A. Nos.2057-2058/Ahd/2024 (Assessment Year: 2016-17) Smt. Santuben Patel, 208, Patel Vas, Gota Village, Ahmedabad-382481. Vs. The Income Tax Officer, Ward-4(2)(3), Ahmedabad. [PAN No. BPQPP7604P] (Appellant) .. (Respondent) Appellant by : Shri Mohit Balani, AR Respondent by: Smt. Mamta Singh, Sr. DR Date of Hearing 26.02.2025 Date of Pronouncement 28.02.2025 O R D E R Delay Condoned This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal)/National Faceless Appeal Centre, Delhi vide order dated 29.08.2024 for the Assessment Year 2016-17, involving quantum appeal and levy of penalty. ITA No.2057/Ahd/2024 2. The Assessee has taken the following grounds of appeal:- 1. Learned CIT(A) has erred in law and on the facts of the case in passing the impugned order, ex-parte. 2. Learned CIT(A) has erred in law and on the facts of the case in not condoning the delay in filing the Appeal before the CIT(A). ITA Nos. 2057-2058/Ahd/2024 Asst.Year 2016-17 - 2– 3. The Learned CIT(A) has erred in law and on the facts of the case in confirming the action of the Learned Assessing Officer in making an addition of f 45,66,671/- towards short-term capital gains without granting the benefit of indexed cost of acquisition and improvement, thereby ignoring the provisions of Section 48 of the Income Tax Act, 1961. 4. Learned CIT(A) has erred in law and on the facts in confirming the action of AO in charging interest U/S.234A/B/C/D. 5. Learned CIT(A) has erred in law and on the facts in confirming the action of AO in initiating penalty u/s.271(l)(c) of the Act which is wholly unsustainable in law and on facts of the case. 3. At the outset the Ld.AR for the assessee submitted that during the appellate proceedings the assessee has made submission along with the relevant documents & information and also mentioned the reasons for the condonation of delay in filing the appeals. The Ld.CIT(A) has dismissed the appeals of the assessee. We also find that assessee has not complied even before the Assessing Officer, hence in the interest of justice the matter is remanded to Assessing Officer for conducting assessment de-novo. The assessee shall comply with the notices issued by the Assessing Officer and should not take unnecessary adjournments. ITA No.2058/Ahd/2024 4. Since the quantum appeal stands set-aside to the Assessing Officer for framing assessment de-novo, the penalty levied u/s.271(1)(c) of the Act is hereby deleted. The Assessing Officer is at liberty to initiate the penalty based on the ITA Nos. 2057-2058/Ahd/2024 Asst.Year 2016-17 - 3– outcome of the assessment order passed in consequences to this order. The assessee shall comply to all the notices issued by the Assessing Officer from time to time failing which, the AO shall initiate penalty proceedings as per the provisions of the Act. 5. In the combined results, the appeal of the assessee in ITA No.2057/Ahd/2024 is allowed for statistical purpose whereas the penalty appeal of the assessee in ITA No.2058/Ahd/2024 for AY 2016-17 is dismissed as infructuous. This Order pronounced in Open Court on 28.02.2025 Sd/- (DR. BRR KUMAR) VICE PRESIDENT Ahmedabad; Dated 28.02.2025 Manish, Sr. PS (True Copy) TRUE COPY आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent. 3. संबंिधत आयकर आयुᲦ / Concerned CIT 4. आयकर आयुᲦ(अपील) / The CIT(A)- 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडᭅ फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad "