Mansi Devang Shah vs. Income Tax Officer

Parties Involved

Facts Summary

The appellant, Mansi Devang Shah, filed an appeal against the order of the Commissioner of Income Tax (Appeals) passed under section 250 of the Income Tax Act, 1961 for the Assessment Year 2012-13. The appellant had purchased a property for Rs. 53,12,800 along with 3 other family members during the Assessment Year 2012-13. The Assessing Officer passed an order making a total addition of Rs. 53,12,800. The appellant did not file any response to the notices issued by the Assessing Officer due to lack of professional guidance and not being well versed with computers and internet. The appellant prayed to grant a stay on recovery proceedings till the first appeal is decided. The appellant also argued that the order is bad in law and against the principle of natural justice and tax jurisprudence.…

Legal Issues

• 1. The Assessing Officer erred in making addition of Rs. 53,12,800 ignoring the fact that the Assessee is not the sole owner of the property and that 3 other family members are also the joint owners who had contributed towards the purchase of the property.
• 2. The Assessing Officer erred in making addition of Rs. 53,12,800/- ignoring the fact that the Assessee has only made part payment for the purchase of the property from her own funds and the balance payment was made by other joint owners.

Judgment Outcome

Decided in favour of Assessee.

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