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TMI Blog2018 (10) TMI 1643X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.12.2011 passed u/s 143(3) of the Act. ITA No. 3450/Del/2017 is assessee's appeal against order dated 1.8.2016 passed by the Ld. CIT (Appeals)-16, New Delhi wherein vide the impugned order, the Ld. CIT (A) has dismissed the assessee's appeal against the consequential assessment order passed u/s 143(3) of the Act subsequent to the proceedings u/s 263. Both the appeals were heard together and for the sake of convenience, they are being disposed of by this common order. 2.0 Brief facts of the case are that the return of income was filed declaring an income of Rs. 6,40,430/-. The case was selected for scrutiny under CASS and the original assessment was completed at Rs. 55,30,884/- after making an addition of Rs. 48,59,495/- on account of unex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see has approached the ITAT challenging the disallowance of claim of exemption u/s 54 T in ITA No. 3450/Del/2017. 3.0 At the outset, the Ld. AR submitted that there was a delay in filing the appeal bearing caption ITA No. 4796/Del/2016 by 478 days. The Ld. AR submitted that the assessee had earlier appointed Shri Hari Ram Aggarwal, CA to represent the assessee in the proceedings u/s 263 before the Ld. CIT and thereafter after the receipt of the order u/s 263, the assessee was not guided by the afore said AR that a remedy was available to the assessee by preferring an appeal against the order passed u/s 263 before the ITAT. It was prayed that the delay be condoned and the appeal be admitted to be decided on merits. 4.0 The Ld. CIT DR oppos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Attorney which did not make the assessee a full legal owner of the property. It has been further submitted that the assessee had submitted various documents to support the purchase transaction like payment receipt, agreement to sell, possession letter and also copy of the bank statement of the wife to demonstrate that payment had, in fact, been made for the purchase of property. It has also been submitted that the General Power of Attorney was duly registered. It has also been submitted that this transfer was covered under the definition of transfer as envisaged in section 2(47)(v) of the Act. The Ld. AR has also placed reliance on judicial precedents in support of the contention that the disallowance of claim made u/s 54 had been incorrect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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