9911796707
TMI Blog2019 (2) TMI 1327X X X X Extracts X X X X X X X X Extracts X X X X ..... disputed issue to the file of the CIT(A) but considering the facts on record with respect to non-appearance of the assessee or learned AR in spite of issuing notices on various dates in appellate proceedings and the assessee chose not to appear which cannot be overlooked. Therefore, we are of the substantive opinion that the assessee should be provided an opportunity of hearing but with payment of cost of ₹ 10,000/- to the Income-tax Department within a period of one month from the date of receipt of this order. - ITA No.1407/Bang/2018 - - - Dated:- 21-2-2019 - Shri B.R. Baskaran, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Shri T.V.Subramanya Bhat, CA. For the Respondent : Dr. K.R.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant to the asst. year 2012-13. 3. The learned Income Tax Officer, Ward 5(3)(3), Bengaluru has erred in estimating a net income of ₹ 210000/- for property no. 10, Shub Enclave, Haralur Road, Kasavana halli, Bengaluru considering it as a house though the said property was vacant land and the appellant had declared a net income of ₹ 96,000/- 4. The learned Income Tax Officer, Ward 5(3)(3), Bengaluru has erred in estimating a net agricultural income of ₹ 12,78,201/- without allowing the appellant sufficient opportunity to give details. 5. The Income Tax Officer, Ward 5(3) (3), Bengaluru has erred in not allowing rebate on the agricultural income included by him while calculating the tax liability. 6. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee has claimed exemption u/s 54 of the Act in the Revised return of icome. AO dealt on the provisions of capital gains and denied exemption u/s 54 of the Act as the assessee has owned more than one house at the time of sale of the capital asset and hence not entitled for exemption and taxed the long-term capital gains of ₹ 1,19,68,897/-. Similarly, AO made addition on rental income of ₹ 73,500/- and income from other sources from vacant land of ₹ 1,06,883/- and agricultural income deposited in bank as no proper records were made available. Hence, addition of ₹ 12,78,201/- and unexplained cash deposit deficit in the bank account u/s 68 of ₹ 25,20,000/- and unexplained investment under the provisions of section 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-prosecution of appeal. The learned AR submitted that the assessee could not appear for various reasons and submissions are without any supporting evidence and reasons for non-prosecution of case before the CIT(A). Whereas the learned DR has vehemently objected mentioning that the assessee was provided with sufficient opportunities. We find that the assessee was provided sufficient opportunities of hearing by the appellate authority through notices on 21/07/2016, 08/07/2016, 01/02/2017, 17/07/2017, 14/08/2017, 11/10/2017, 10/11/2017 and final opportunity notice on 08/01/2018. 7. We found strength in the submissions of the learned DR. The CIT(A) has granted sufficient opportunities. When a query was raised to the learned AR being the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
