Prakash Krishan Ghule Vs ITO
Parties Involved
Facts Summary
Prakash Krishan Ghule, the assessee, filed an appeal against the order passed by the first appellate authority confirming the order of assessment for the assessment year 2013-14. The assessee did not file any return of income and was identified as a non-filer. The Income Tax Officer reopened the case under section 148 of the Income-tax Act, 1961, for assessing capital gain arising from the transfer of a property. The assessee filed a return declaring total income of ₹1,99,160/- on 05/12/2017, which was subjected to scrutiny. The assessee contended that the property was not a capital asset and that there was no transfer of possession, hence no capital gain. However, the Income Tax Officer computed the capital gain and passed the assessment order. The assessee appealed to the first appellate authority, which dismissed the appeal ex-parte due to non-prosecution. The assessee sought another opportunity to present evidence. The tribunal set aside the order and remitted the case to the first appellate authority for fresh adjudication.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the assessee was deprived of a reasonable opportunity and time to produce relevant documents?
- 2. Whether the ex-parte adjudication by the first appellate authority was irregular?
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
1 precedent cited in this judgement.