Subrata Das vs. ITO, Ward-44(2), Kolkata

Parties Involved

Facts Summary

The assessee, Subrata Das, has appealed against the order dated 24.06.2024 passed by the National Faceless Appeal Centre, Delhi, which dismissed the appeal in-liminie without addressing the merits of the case. The assessee argued that the National Faceless Appeal Centre erred in passing an ex-parte order and in confirming the addition of Rs.1,48,94,000/- made by the Assessing Officer. The assessee also claimed that the Assessing Officer erred in disallowing and adding back a sum of Rs. 70,40,000/- under section 56(2)(x) of the Income Tax Act, 1961. The assessee submitted that the properties were sold by M/s LKR Heights (Pvt.) Ltd., and not by him personally, and that the properties received were gifts from his mother, which were not subject to section 56(2)(x) of the Act.…

Legal Issues

• 1. Whether the National Faceless Appeal Centre erred in passing an ex-parte order?
• 2. Whether the addition of Rs.1,48,94,000/- made by the Assessing Officer was justified?
• 3. Whether the disallowance and addition back of Rs. 70,40,000/- under section 56(2)(x) of the Act was justified?

Judgment Outcome

Decided in favour of Assessee.

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