Simon Pavan Kumar Moses Vs ITO (ITAT Hyderabad)
Assessee filed appeal with 28 days’ delay, explaining through affidavit that he was unaware of the IT portal process & could download the CIT(A)’s order only with assistance from a CA’s office in the first week of March 2025. Tribunal, noting the explanation as reasonable & with no serious objection from the Department, condoned the delay & admitted the appeal.
Assessee’s case was reopened u/s 147 on the ground that capital gains from property transfer had escaped assessment. Assessee failed to respond to notice u/s 148 & also did not comply with notices u/s 142(1). AO therefore passed best-judgment assessment u/s 144 r.w.s.147 on 13.12.2019, determining total income at Rs.3,88,170/- after making (i) addition of Rs.1,80,991/- as 1/60th share of long-term capital gains applying section 50C based on SRO value of Rs.1.42 crore versus sale consideration of Rs.83.60 lakh, (ii) disallowance of Rs.2,06,695/- towards Chapter VI-A deductions for want of evidence, & (iii) addition of Rs.483/- interest income.
CIT(A) issued repeated notices, but Assessee did not submit any reply. CIT(A) dismissed the appeal in limine for non-prosecution & upheld all additions.
Before Tribunal, no one appeared for Assessee. Tribunal examined assessment records & held that AO correctly invoked section 50C & taxed Assessee’s 1/60th share since no contrary evidence or explanation was ever furnished. Likewise, disallowance of Chapter VI-A deductions was upheld because Assessee produced no proof. Minor interest income was also affirmed. Tribunal found no error in AO’s conclusions. Appeal dismissed.
