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2019 (12) TMI 204 - AT - Income TaxCondonation of delay in filing appeal - Addition of unexplained investment - Delay of 50 days - unexplained investment - It is submitted that property is belong to her, as GPA holder, it took 12 years to get the name registered in assessee’s name - HELD THAT:- The matter requires reconsideration at the level of the A.O. In the case of Smt. Upma Shukla UPMA SHUKLA PROPRIETOR TROUBLESHOOTERS VERSUS ITO WARD 2 (2) , GURGAON. [2019 (10) TMI 628 - ITAT DELHI] also on the same reasoning delay in filing of the appeal for 50 days was condoned because the assessee Shri Vikas Shukla was suffering from cancer. The same reasoning is given in the present appeal. Therefore, following the same reasoning in the case of Smt. Upma Shukla, the delay in filing the appeal is condoned. Since in the case of Smt. Upma Shukla she has acted as GPA holder of the original owner Shri Umed Singh, it was, therefore, held that no long term capital gains is liable to be taxed in her hands. However, in the case of the deceased assessee Shri Vikas Shukla, he has purchased the property through the documents in the year 1996. Therefore, the issue shall have to be re-examined in the light of the Order in the case of Smt. Upma Shukla. The matter in issue is restored to the file of A.O. with a direction to re-decide the matter in issue as per Law - appeal of Assessee allowed for statistical purposes.
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