IN THE INCOME TAX APPELLATE TRIBUNAL PATNA ‘DB’ BENCH AT KOLKATA [Virtual Court]

Before SHRI SONJOY SARMA, JUDICIAL MEMBER &

SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.: 357/PAT/2023 Assessment Year: 2015-16 Amit Kumar Verma ITO, Ward-6(1), Patna Vs.

(Appellant) (Respondent)

PAN: AEAPV2963H Appearances:

Assessee represented by : Pradeep Kumar, CA.

Department represented by : Ashwani Kr. Singal, JCIT.

Date of concluding the hearing : 08-October-2025 Date of pronouncing the order : 04-December-2025

ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2015-16 dated 18.10.2023.

2. The assessee is in appeal before the Tribunal raising the following grounds of appeal:

“1. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC), Delhi has erred in passing order confirming the income assessed at Rs.90,82,570/- by Ld. assessing officer against returned income of Rs.5,30,350/- under the facts and circumstances of the case and the law.

2. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC), Delhi erred in applying the date of execution of the development agreement executed on 27.03.2014 for confirming additions of Rs.85,52,221/- on account of capital gain.

3. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC), Delhi erred in confirming un-jurisdictional notice issued by the Id. Assessing officer u/s 148 of the Income Tax Act, 1961

4. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC). Delhi, has erred in confirming the date of registration of the conveyance deed as the date of transfer of the property to the developer.

5. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC), Delhi erred in passing order by not following principle of natural justice.

6. For that the CIT (Appeal), National Faceless Appeal Centre (NFAC), Delhi erred in confirming levy and demand of interest u/s 234A, 234B, 234C of the act.

7. For that CIT (Appeal), National Faceless Appeal Centre (NFAC). Delhi erred in confirming initiation of penalty proceedings u/s 271(1)(c) of the Income tax Act, 1961 for concealment of income.

8. For that the order of the CIT (Appeal) and assessment order passed by the Id. Assessing officer is wrong, arbitrary and unjustified in the facts and circumstances of the case and is bad in law as well as fact and fit to set aside.

9. For that the petitioner craves for additional grounds, if any, be urged at the time of hearing.”

3. Brief facts of the case are that the assesses is an individual and had filed his return of income showing total income of ₹5,30,350/-. The Assessing Officer (hereinafter referred to as Ld. 'AO') noted that the income chargeable to tax had escaped assessment within the meaning of section 147 of the Act and issued notice u/s 148 of the Act to the assessee; in response to which the assessee submitted his reply stating that because of non-activation of online portal for filing of the return, the return of income could not be filed electronically. The Ld. AO further noted that a Joint Development Agreement (JDA) had been executed by the assessee with Ambe Bhagwati Marketing Construction Private Limited. The Ld. AO perused the replies filed by the assessee but was not satisfied with the explanation and added a sum of ₹85,52,221/- on account of long-term capital gains to the total income of the assessee and assessed the total income of the assessee at ₹90,82,570/- u/s 144/147 of the Act. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A), who issued several notices through ITBA portal to the assessee and the assessee responded to these notices and filed submission on 30.08.2023 in support of the grounds of appeal. The claim made and the submissions by the assessee were sent for further verification and a reman