Devendra Mohanbhai Patel Vs. ITO

Parties Involved

Facts Summary

The appeal is filed by the assessee against the appellate order dated 21.03.2024 passed by the Commissioner of Income Tax (Appeals) Mumbai/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2012-13. The assessee has raised the ground of appeal regarding the confirmation of addition of short-term capital gain amounting to Rs. 30,00,000/-. The notices under section 250 were issued on 28.01.2021, 28.12.2023, and 13.03.2024, requesting the assessee to submit certain details/clarification/explanation regarding the sale of immovable property. The assessee remained un-compliant with the notices issued by the Ld.CIT(A). The Assessing Officer confirmed the action of the Assessing Officer and dismissed the appeal. The Ld. Counsel for the assessee submitted that the non-compliance before the lower authorities occurred due to the non-receipt of notices.…

Legal Issues

• 1. Whether, on facts and in circumstances of the case and in law, Ld.CIT(A) has erred in confirming addition of short-term capital gain amounting to Rs.30,00,000/-.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

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