Neelam Janardhan Rachalwar Vs ITO (ITAT Nagpur)
The appeal was preferred by the Assessee against the order dated 19/12/2024 passed by the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi under section 250 of the Income Tax Act, 1961 for Assessment Year 2016-17. There was a delay of 57 days in filing the appeal. The Assessee explained the delay through a sworn affidavit, stating that the order had been received on her son’s email, that he was occupied with JEE, NATA and Board examinations, and that the Assessee subsequently faced difficulties in attending to the matter due to frequent travelling concerning her son’s education. The Tribunal considered the reasons reasonable, bona fide and unintentional and condoned the delay.
On merits, the Assessing Officer had passed an assessment order dated 27/12/2019 under section 147 read with section 143(3) of the Act and made an addition of Rs. 36,13,000/- on account of the difference between the consideration shown by the Assessee and the stamp duty valuation. The Assessee had challenged both the reopening and the addition before the Commissioner, but the appeal was dismissed.
The Assessee submitted that the reasons recorded for reopening concerned a property situated at Tilak Ward, Chimur, District Chandpur, which had allegedly been sold for Rs. 35.00 lakh, including Rs. 10.00 lakh received in cash. The reasons referred to the alleged violation of section 269SS and also stated that the issue of capital gain arising from the sale required consideration.
