TMI Blog2019 (10) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... Since the A.O. has no occasion to examine these additional evidences, we set aside the Orders of the authorities below and restore the matter in issue to the file of A.O. with a direction to re-decide the issue - Appeal of Assessee allowed for statistical purposes. - ITA.No.5401/Del./2016 - - - Dated:- 15-10-2019 - Shri Bhavnesh Saini, Judicial Member And Shri B.R.R. Kumar, Accountant Member For the Assessee : Shri Salil Kapoor, And Ms. Somya Singh, Advocates For the Revenue : Shri J.K. Mishra, CIT-D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Hisar, Dated 08.08.2016, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the abovementioned capital asset. The assessment was reopened under section 147 of the I.T. Act, 1961. Statutory notices were issued. The assessee filed return of income at NIL showing long term capital loss at ₹ 13,01,339/- and no exemption have been claimed under sections 54, 54B, 54D, 54EC, 54ED and 54F of the I.T. Act. The A.O. after considering the material on record has adopted the fair market value @ ₹ 5760/- per acre and computed long term capital gains at ₹ 1,19,22,887/- arising out of transfer of land by assessee to M/s Soma New Town Pvt. Ltd.. The Ld. CIT(A) confirmed the Order of the A.O. and also did not allow exemption as claimed by assessee. 3. The assessee in the present appeal has cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the distance of 5.13 KM from the municipal limit of Fatehabad. 4.1. Learned Counsel for the Assessee submitted that these documents go to the root of the matter and are necessary to determine the tax liability. He has submitted that in the case of co-owner Shri Dharm Chand, the ITAT, Delhi B-Bench, vide Order Dated 09.09.2019 in ITA.No.5400/Del./2016 for the A.Y. 2009-2010 has similarly admitted the additional evidences and restored the matter back to the file of A.O. for fresh decision after taking into consideration the additional evidences. It is covered matter. The Order Dated 09.09.2019 is reproduced as under : IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the other besides the four brothers, two sisters were also there. 3. On receipt of AIR information, ld. AO made enquiries and resorted to the proceedings u/s 147 of the Income-tax Act, 1961 ( the Act ) after recording reasons and by issuance of notice u/s 148 on 2.8.2013. Learned AO found that the assessee filed return of income showing nil income. He concluded the proceedings by order dated 24.11.2014 u/s 143(3)/147 of the Act by assessing the income of the assessee at ₹ 1,21,97,890/-. 4. Aggrieved by the said addition, assessee preferred appeal before the CIT(A) and the ld. CIT(A) by order dated 8.8.2016 gave partial relief and the addition qua the disallowance of claim of agricultur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal situation produced addition evidence in support of their claim and the Tribunal by order dated 16.3.2018 accepted additional evidence and restored the matter to the file of the ld. AO with a direction to adjudicate the issue afresh in the light of additional evidence by following the directions given in the case of Virender Singh vs ITO, ITA No.3166/ Del/2010 by order dated 27.6.2014. It is submitted that in view of the similarity of the facts, the same course would be followed in this matter also. 7. We have heard the learned DR on this aspect also. Both Kaushalya Devi and Maya Devi preferred appeals before this Tribunal and such appeals were disposed of by order dated 16.3.2018 holding that the evidence sought to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the light of the directions given in the case of Virender Singh vs ITO. 10. In the result, appeal of the assesee is allowed for statistical purposes. 5. The Ld. D.R. did not object to the request of the assessee. 6. After considering the submissions of the both the parties, we are of the view that additional evidences goes to the root of the matter and in the case of co-owner Shri Dharm Chand, the same have been admitted for disposal of the matter and matter have been remanded to the file of A.O. Therefore, following the Order in the case of Shri Dharm Chand (supra), we admit the additional evidences. Since the A.O. has no occasion to examine these additional evidences, we set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
