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2025 (5) TMI 344

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..... by the CIT(A). 3. The ld. Counsel for the assessee has filed written submissions and placed reliance on the same assailing addition of Rs. 14,71,000/- confirmed by the CIT(A). The ld. Counsel for the assessee submitted that the Assessing Officer (AO) in an ex- parte proceedings made addition of Rs. 14,71,000/- on account capital gains arising of sale of immovable property. The ld. Counsel submits that the assessment order has been passed by the AO in a mechanical manner without proper application of mind and without recording correct facts. The ld. Counsel pointed that in the opening line of assessment order the AO has recorded that in this case information has been received from SRO-II, Ghaziabad under 'No PAN' category, where as in the .....

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..... ible under the provisions of the Act, disclosed Long Term Capital Gain (LTCG) of Rs. 42,754/-. The assessee had also purchased one residential house i.e. Flat No.K-101, Ajnara Integrity Rajnagar Extension, Ghaziabad for a total consideration of Rs. 25,80,000/- vide registered sales deed 06.04.2016. The assessee claimed benefit of exemption u/s. 54F of the Act on the Long Term Capital Gain from the sale of shop and thus, declared NIL LTCG in return of income. 5.1. The contention of the assessee is that no notice u/s. 148 of the Act has ever been served on the assessee. The AO in an ex-parte proceedings made addition of Rs. 14,71,000/-. A perusal of the assessment order reveals that notice u/s. 148 of the Act was issued to the assessee on 30 .....

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..... and upheld the additions made by AO. 7. The assessee has placed before us a copy of registered sale deed dated 24.02.2012 vide which shop (2nd Floor) was sold for a consideration of Rs. 9,00,000/-. The said sale deed is at pages 43 to 64 of the paper book. The assessee has also placed on record at pages 65 to 82 of paper book a copy of registered sale deed dated 10.07.2006 vide which the assessee had purchased Shop no. II-06(2nd Floor) situated at 'Shoppers Square', R-14/8, Raj Nagar, Ghaziabad. The assessee has also placed on record at pages 83 to 115 of paper book a copy of registered sale deed dated 06.04.2016 vide which the assessee has purchased Flat No. K-101, Tower Kemel, Ajnara Integrity, Raj Nagar Extension, Ghaziabad. The fact o .....

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