Munishamappa Shivanna Vs ITO (ITAT Bangalore)
No Bills Does Not Mean No Building—ITAT Restores Section 54F Claim Supported by Valuation Report & Completion Certificate
The controversy
The assessee, Mr. Munishamappa Shivanna, was in appeal before the Bangalore ITAT for AY 2016-17 against an ex parte order passed by the CIT(A)/NFAC.
The assessment had been reopened, and an order was passed u/s 147 r.w.s. 144B. The dispute principally concerned taxation of consideration received upon transfer of Transferable Development Rights, denial of indexed cost of acquisition & disallowance of deduction claimed u/s 54F for construction of a residential house.
The assessee also challenged the validity of notice u/s 148 dated 25 March 2023. According to him, the notice had been issued by the Jurisdictional AO in contravention of the mandatory faceless reassessment scheme notified u/s 151A and the e-Assessment of Income Escaping Assessment Scheme, 2022.
Appeal dismissed despite uploaded submissions
The CIT(A) issued several notices dated 17 July, 16 September, 26 September, 10 October & 28 October 2025.
In the appellate order dated 25 November 2025, the CIT(A) recorded that the assessee had not filed written submissions or annexed any material challenging the findings of the AO. The appeal was consequently dismissed ex parte.
