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ITAT Sets Aside Ex-Parte Appeal Dismissal for NRI’s Property Sale Case 

Case Law Details

TaxGuru Citation
2025 taxguru.in 10129
Case Name
Indrajeet Suresh Magar Vs ITO (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Indrajeet Suresh Magar Vs ITO (ITAT Pune)

Assessee, an NRI residing in Australia, sold property on 12.04.2018 but was assessed for A.Y. 2018-19 on a sale value of ₹74 lakh u/s 147 r.w.s. 144B, treating it as unexplained sale of immovable property. CIT(A)/ NFAC dismissed the appeal ex parte for non-prosecution, citing repeated non-compliance &  applying B.N. Bhattacharjee (118 ITR 461, SC).

Before ITAT, the Assessee explained that non-appearance was not deliberate, as he was abroad &  could not access records during the pandemic. On merits, he argued that the sale took place in April 2018, which falls in A.Y. 2019-20, not 2018-19, &  that his share was only 50%, requiring proportionate taxation with due indexation & TDS credit.

ITAT found merit in the plea that the appeal was dismissed without examining merits &  that the assessment year issue required factual verification. Holding that natural justice demanded a fresh opportunity, the Tribunal set aside CIT(A)’s order &  remanded the matter to AO for fresh adjudication after giving due hearing.

Held: Ex-parte dismissal without merit review improper; assessment year & capital gain computation to be re-examined; matter remanded to AO for de-novo consideration.

FULL TEXT OF THE ORDER OF ITAT PUNE

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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