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TMI Blog2022 (10) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... application dated 31.01.2019 for condonation of delay with following prayers. "We submitted memorandum of appeal u/s 253(1) of the Income - tax Act. 1961 against the order of the CIT(A) Kota relating to the assessment year 2010-11 u/s 250 of the Act. The appeal should have been filed in the office of the Tribunal on or before 08/04/2018 counting the period of sixty days from the date of communication of the order but it could not be so failed. Further in this case CA Vinod Toshiwal and Ashok kumar gupta advocate took the appellate order from the office of CIT (A) kota on 16/02/2018 on behalf of appellant and the said appellate order was placed in some other file of his client and when appellant asked him about filling of appeal before ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances of the case Ld. CIT(A) Kota has grossly erred in law and facts in confirming addition of Rs. 30,50,000/- as income from undisclosed sources u/s 69A of the income tax Act 1961. The assessee has received the mines sales advances Rs.30,50,000/-. 2. (a) That on the facts and in the circumstances of the case Ld. CIT(A) Kota has grossly erred in law and facts in confirming long term capital gain Rs. 1,02,91,401/- on account of sale of residence plot no. A-479, Indra Vihar, Kota to Shri Dilip Kumar Lalwani, Shri Manoj Kumar Lalwani, Vijay Kumar and Vipin Railan of Rs.30,00,000/- (Rs.Thirty Lakhs) on dated 01/09/2009. (b) That on the facts and in the circumstances of the case Ld. CIT(A) Kota has grossly erred in law and facts in trea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued again on change of incumbent A.O. Thus, the claim made by the assessee in respect of his disclosures as per the revised documents could not be entertained under law & has rightly been rejected by the A.O. On a perusal of the details related to the amount of cash deposits in the bank account, the assessee tried to change his stance during the assessment proceedings to establish the cash being sourced from advance against mine sale which was never materialized. To match it he had created bogus creditors of loans initially in the Balance Sheet but on detection be tried to submit a revised balance sheet under all sorts of pretexts like illiteracy, mental disturbance etc. This claim of mine sale advance was also never established by pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation done by the SVA and used by the A.O. to calculate the capital gains on the same, is under consideration by the Tax Board Ajmer on appeal filed by the assessee against the increase made by SVA & upheld by DIG (Stamps), Kota. It is seen that the appellant has filed a copy of order dated 26.09.2017 in another case where the tax Board has not held the plot to be covered under the 'commercial' property and held that Registrar had no powers to change the residential value to commercial. However, the cited case is of Rajeev Gandhi Nagar and is not directly linkable to the appellant's case. Under the circumstances where neither there was any revisionary order in the assessee's favour, nor did he show the capital gains in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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