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

Case Law Details

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 Apri...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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