9911796707
TMI Blog2024 (9) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... r referred to as 'AO') under Section 147 r.w.s 144 of the Income Tax Act, 1961 (the Act) concerning Assessment Year 2017-18. 2. The grounds of appeal raised by the assessee reads as under: 1. On facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre ("CIT(A)/NFAC") erred in holding that the Appellant did not fulfill the conditions mentioned in section 249(4)(b) of the Income-tax Act, 1961 (the "Act") with respect to the appeal filed by the Appellant under section 246A of the Act and further erred in holding that the said appeal as not fit for admission in terms of section 249 of the Act. 2. On facts and in the circumstances of the case and in law, the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal." 3. When the matter was called for hearing, the learned Counsel submitted at the outset that the case was reopened on the premise that the assessee has sold immovable property of Rs. 3,97,74,132/- and also received salary of Rs. 3,73,347/- for the F.Y. 2016-17 relevant A.Y. 2017-18 but however has not filed the return of income. The learned Counsel submitted that the information gathered by the Revenue is factually flawed. While the assessee has earned salary as stated, there was no sale of property during the year under consideration as alleged and therefore, no capital gain was accrued as further alleged. In fact, the correct position was opposite. The assessee had actually purchased some property on the same amount during the yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal, cannot be taken as sacrosanct and requires factual verification for which the assessee has lost the opportunity. 5. On perusal of first Appellate Order, it seen that the CIT(A) has dismissed the appeal of the assessee summarily on account of non-compliance of Section 249(4)(b) of the Act alleging the non-payment of advances tax liability and thereby held that the appeal before the CIT(A) is not maintainable. It was contended on behalf of assessee that there will be no advance tax liability on the salary income and therefore, there is no breach of provisions of section 249(4)(b) of the Act. The remaining income assessed towards sale of property in the hands of the assessee is on account of gross misconception of facts by the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lace of residence in the income-tax returns filed for AY 2018-19 onwards till date. My latest income-tax returns for AY 2020-21, filed on 20 12 2020, state the same address in Mumbai. 1.4 I state that I have not been residing at the Noida address, and I did not receive the Notice under section 148 dated 30.3.2021. 1.5 I received only one notice under section 142(1) dated 15.2.2022 issued by the Income- tax Officer Ward 5(2)(1), Budh Nagar, Noida requiring information about the purchase of immovable property during the Financial Year 2015-16 and my bank statements for that period. The notice was received on my email [email protected] to which I responded on 1.3.2022. 1.6 I further state that I was not aware of the reassessment procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ession and in the middle of my personal problems that 1 missed the letters and could not reply to them. 2.4 I state that I did not deliberately fail to respond to the letters from the NFAC dated 26.12.2023 and 4.1.2024, and it was due to reasons beyond my control. 3. No sale of residential flat at Mumbat as mentioned in Order u/s 148 dated 29.3.2022: 3.1 I state that the residential flat at B 1501, Tower 4, Enchante, Lodha New Cuffe Parade, Wadala, Mumbai-400022 was purchased by my husband, Shri Jitesh Shah (PAN AXDPS1954K) with me jointly for a consideration of Rs. 3,97,74,132/- 3.2 I state that my spouse, Shri Jitesh Shah, filed his income-tax returns for AY 2017-18 under section 139(1) of the Act, declaring salaries of Rs. 1,29,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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