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TMI Blog2024 (8) TMI 1118X X X X Extracts X X X X X X X X Extracts X X X X ..... Sailas, Advocate For the Respondent : Ms. R. Anita, Addl. CIT ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 19.02.2024 passed by the ld. Commissioner of Income Tax (Appeals) /Addl/JCIT (A)-3, Bengaluru for the assessment year 2019-20. 2. We find that this appeal is filed with a delay of six days. The assessee filed a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.11.2013 with a delay of 635 days. We note that the assessee raised additional ground by stating that the assessee was prevented in claiming re-investment under section 54F of the Act, by mutual mistake of previous Authorized Representative of the assessee. The ld. CIT(A) rejected the additional ground by stating that no capital gain was declared in the return of income and hence, additional gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and supported the order of the ld. CIT(A). 7. Heard both the parties and perused the materials available on record. We note that no capital gain was declared in the return of income. The income declared therein on profit from "business or profession". Before us, the ld. AR submits that due to mistake by the previous authorized representative and the assessee, the capital gain deduction under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... head "business or profession" and no capital gain admitted. Therefore, having no declaration of capital gain in the return of income, directing the Assessing Officer to consider the claim under section 54/54F of the Act, does not arise. Further, as rightly pointed out by the ld. DR that there is no tax liability standing in the hands of the assessee, therefore, we find no infirmity in the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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