IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER Assessment year : 2011-12 Rama Sushil Redij ITO, Ward-1, Ratnagiri

1752, Dwarka Mahatma Phule Road, Vs.

Ratnagiri – 415612 PAN: AMOPR2550E (Appellant) (Respondent)

Assessee by : Shri Pramod S Shingte Department by : Shri Gaurav K Singh, JCIT Date of hearing : 23-03-2026 Date of pronouncement : 25-03-2026

O R D E R

PER R.K. PANDA, VP:

This appeal filed by the assessee is directed against the order dated

12.03.2025 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2011-12.

2. There is a delay of 159 days in filing of the appeal before the Tribunal for which the assessee has filed a condonation application along with an affidavit explaining the reasons for such delay. After considering the contents of the condonation application filed along with the affidavit and after hearing the Ld. DR, the delay in filing of the appeal is condoned and the appeal is admitted for adjudication.

3. Facts of the case, in brief, are that the assessee had not filed her return of income for the impugned assessment year. Information was available with the department that the assessee along with 6 other parties had sold immovable property for Rs.3,74,44,000/-. The Assessing Officer issued a letter to the assessee for submission of compliance. However, neither the assessee filed any valid return nor made any compliance to the queries raised by the Assessing Officer. The Assessing Officer, therefore, after recording reasons reopened the assessment as per the provisions of section 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and issued notice u/s 148 of the Act. The assessee did not comply to the notice issued u/s 148 of the Act within the stipulated time given. Subsequently the Assessing Officer issued notice u/s 142(1) of the Act along with a questionnaire to the assessee to make compliance on or before 28.11.2018. However, there was no compliance to the said notice by the assessee. The Assessing Officer, therefore, proceeded to complete the assessment u/s 144 of the Act and made addition of Rs.75,97,387/- being 1/6^th of the full value of consideration by applying the provisions of section 50C of the Act by recording as under:

“5. In view of the above, it is understood that in spite of ample opportunities afforded, the assessee has neither attended to this office nor cared to submit her written submission in regard. The assessee was granted ample time and opportunities to represent her case but she neither cared to attend to this office, nor filed her return of income. Hence, I the undersigned am left with no alternative but to complete assessment ex parte u/s 144 of the I.T. Act 1961 on the basis of material available on record. On perusal of the AIR information & the information received through issue of notice u/s 133(6) of the I.T. Act 1961 in assessee's case, the assessee along with 6 other parties is shown to have sold an immovable property for a total consideration of Rs.64,92,500/- on 20.01.2011 and as compensation for her share has received a sum of Rs.13,17,250/- which works out to be 20.29% of sale value Rs.64,92,500/-. However, since provision of Section 50C of the I.T. Act 1961 are invoked in assessee’s case assessee's share in total consideration works out to be Rs.75,97,387/- (20.29% of full value of consideration i.e. 3,74,44,000/-). Further since the assessee failed to produce any document so as to enable this office to ascertain the cost of acquisition of the said property, therefore the cost of acquisition is taken at Rs.Nil. Therefore, the assessee's share in sale consideration Rs.75,97,387/- (invoking provision of section 50C of the I T Act 1961) is treated as long term capital gain of the assessee and added to his total income. Penalty proceedings u/s 271(1)(c) are initiated separately for concealment of income.

Addition: Rs.75,97,387/-

4. Before the Ld. CIT(A) / NFAC it