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Nirmala Devi Madhusoodhanan Nair vs. Income Tax Officer - 1(3)

Case No: ITA No. 404/Coch/2023 & SA No. 70/Coch/2023
Court: Income Tax Appellate Tribunal, Cochin Bench
Date: 27 Sept 2024

Parties Involved

appellantNirmala Devi Madhusoodhanan Nair
respondentIncome Tax Officer - 1(3)

Facts Summary

The appeal filed by the Revenue is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 28.03.2023 for Assessment Year (AY) 2011-12. The assessee also filed a stay application seeking a stay on the collection of an outstanding demand of Rs.25,84,090/-. The learned CIT(A) had issued various notices to the assessee to re-present her case on various dates, but the assessee could not avail the same. Therefore, the learned CIT(A) confirmed the order of the Assessing Officer (AO). The learned A.R. submitted that the assessee has incurred cost on improvement of the impugned property which has not been allowed by the Revenue authorities. However, the necessary details were not furnished in support of the cost incurred towards improvement of the land. The learned A.R. assured to furnish the necessary details if one more opportunity is given to the assessee. The learned Sr. DR supported the orders of the authorities below.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the assessee's claim for the cost of improvement of the impugned property should be allowed?
  • 2. Whether the stay application should be dismissed?

Judgment Outcome

Decided in favour of Assessee.

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Nirmala Devi Madhusoodhanan Nair vs. Income Tax Officer - 1(3) | ITA No. 404/Coch/2023 & SA No. 70/Coch/2023… | Opakhya