L.P Ramkumar HUF vs. The Income Tax Officer, Ward-3(2), Tiruchirapalli

Parties Involved

Facts Summary

The assessee, L.P Ramkumar HUF, filed an appeal against the order of the Commissioner of Income Tax (Appeals)-1, Trichy, dated 16.07.2020. The appeal was filed under section 143(3) of the Income Tax Act, 1961. The assessee had a delay of 999 days in filing the appeal, citing reasons related to the Covid-19 pandemic and medical problems. The assessee submitted a medical certificate to support the delay. The Commissioner of Income Tax (Appeals) passed an ex-parte order confirming the order of the Assessing Officer, determining short-term capital gains and business income from the sale of a building. The assessee argued that the profit admitted on the sale of the building was very low compared to the valuation authority's report.…

Legal Issues

• 1. Delay in filing the appeal
• 2. Computation of short-term capital gains and business income
• 3. Principles of natural justice

Judgment Outcome

Decided in favour of Assessee.

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