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Surekha Surendra Pol vs. ITO

Case No: ITA No.4130/Mum/2024
Court: Income Tax Appellate Tribunal 'K' Bench, Mumbai
Date: 30 Sep 2024

Parties Involved

appellantSurekha Surendra Pol
respondentIncome Tax Officer

Facts Summary

The assessee, Surekha Surendra Pol, did not file her income return for the year under consideration. The Assessing Officer reopened the assessee’s case based on information that she had purchased immovable property for a sale consideration of Rs.39,52,000/- but the market value determined by the Stamp Value Authority was Rs.46,07,531/-. The Assessing Officer passed an assessment order on 09.05.2023, determining the total income at Rs.46,07,531/- after making additions as 'unexplained investment' and initiating penalty proceedings. The assessee appealed to the Commissioner of Income Tax (Appeals) who upheld the addition. The assessee further appealed to the Income Tax Appellate Tribunal.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the learned CIT(A) passed the order without providing sufficient opportunity of being heard.
  • 2. Whether the learned CIT(A) erred in making a total addition of Rs.46,07,531/- on account of unexplained investment.

Judgment Outcome

Decided in favour of Assessee.

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