Prachi Eknath Pawar Vs. Income Tax Officer
Parties Involved
Facts Summary
The assessee, Prachi Eknath Pawar, is a housewife with no independent source of income. For Assessment Year 2018-19, she did not file an Income Tax Return as her total income was below the maximum amount not chargeable to tax. The Assessing Officer received information about the sale of an immovable property for Rs. 1,15,00,000 through the Insight Portal, with TDS of Rs. 9,000 deducted. The appellant was a consenting party to the sale deed and received only Rs. 9,00,000. Due to lack of awareness of online proceedings, the appellant did not notice the unsigned notices issued by the Assessing Officer. The Assessing Officer issued a Show Cause Notice under section 148A(b) and a notice under section 148, both unsigned and served only on the portal. The appellant filed a response with relevant documents after becoming aware of the assessment order through a penalty notice delivered physically.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the Commissioner of Income Tax (Appeals) erred in not condoning the delay of 181 days in filing the appeal and dismissing the appeal in limine.
- 2. Whether the reassessment proceedings initiated under section 147 are invalid because the notices issued under section 148A(b) and 148 were unsigned.
- 3. Whether the authorities below erred in proceeding with reassessment on the basis of incorrect and misconstrued information from the Insight Portal.
- 4. Whether the learned CIT(A) and AO erred in law and on facts in bringing to tax the entire sale consideration of Rs. 1,15,00,000 as capital gains in the hands of the appellant.
- 5. Whether the learned CIT(A) erred in not appreciating that the appellant had reinvested the amount received into a new residential property and was fully eligible for exemption under section 54.
Judgment Outcome
Decided in favour of Assessee.