TMI Blog2020 (2) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... , to which the learned Counsel for Revenue Ms.Hema Muralikrishnan also does not have a serious objection. We are inclined to accept the said submission of the learned Counsel for the Assessee and the Revenue, accordingly, we allow the present appeal of the Revenue and set aside the order passed by the learned Single Judge and we direct that, if the Assessee prefers a regular appeal before the learned CIT (Appeals) for the Assessment year 2008-09 against the impugned re-assessment order dated 2 March 2016 for the Assessment year 2008-09, within a period of four weeks from today, then, without raising any objection with regard to the limitation, the learned CIT (Appeals) may entertain the said appeal, and decide the same on merits and in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f its purchase and the fact that it was purchased along with his sons, Mr.K.Mohammed Baleegh and Mr.K.Mohammed Anas, for a sum of ₹ 15,900/- on 08.04.1985. (iv) The fact that the land was used for cultivating causina/teak. (v) The date of sale, which was indicated as : 03.05.2007. (vi) And finally, the consideration received by the petitioner was disclosed, as well. 14.2. Furthermore, the petitioner also, specifically, stated that since, the Kovalam property was agricultural land, it was not a capital asset within the meaning of the Act, and hence, the profit made upon its sale was not taxable. 14.3. The record shows that, it is only thereafter, the assessment order dated 30.11.2010, was passed under Section 148 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances. The record shows that query was raised, pursuant to which, information was supplied by the petitioner; a circumstance, which is, suggestive of the fact that an enquiry was made with regard to the subject transaction. 3. The learned Counsel for the Revenue Ms.Hema Muralikrishnan, produced the original assessment record of 143(3) proceedings before us, as directed by the Court and submitted that the letter dated 9 November 2010 of the Assessee alleged to have been personally handed over to the Assessing Authority disclosing the note of sale of Kovalam property viz., the agricultural land, measuring 1.59 acres at Kovalam Village, was actually never furnished to the Assessing Authority and the order sheet entries would show that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the relevant extent commencing from 6 September 2010 to 30 November 2010, are also quoted below for ready reference :- Shri A.P.Kumar, FCA appeared. Case discussed. Required to file (i) Property details along with documents; (ii) Rental agreement if any; (iii) Copy of LIP paid receipt; (iv) Copies of P C/Balance sheet of M/s.London Stores of which the assessee is a partner. To file by 15/9/x. Sd/- Sd/- A.R. Assessing Officer -------------------------------------------------------------------------------- A's and AR Shri A.P.Kumar, FCA appeared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the Affidavit by Chartered Accountant Mr.A.P.Kumar dated 19 January 2020 also bears an endorsement by Chartered Accountant, handed over in person on 9 November 2010. But such an endorsement is not found in the copy of this letter filed with the original typed set filed by the Respondent/ Revenue Department. 7. Prima facie therefore, without expressing our any opinion on the same, we are not inclined to rely on the said letter dated 9 November 2010, to be available on the record of the Assessing Authority on 9 November 2010 itself. It may be a matter of enquiry and investigation which, we, for obvious reasons, in the extraordinary jurisdiction, cannot undertake here in the writ appeal. 8. Though the learned Counsel for the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remedy available to the Assessee against the impugned Reassessment Order under Section 147/148 of the Act for the Assessment year 2008-09. 11. The learned Counsel for the Assessee Mr.N.Muralikumaran also fairly submitted before us that even at this stage, the Assessee may be allowed to avail his remedy by way of appeal before the First Appellate Authority viz., CIT (Appeals), to which the learned Counsel for Revenue Ms.Hema Muralikrishnan also does not have a serious objection. 12. We are inclined to accept the said submission of the learned Counsel for the Assessee and the Revenue, accordingly, we allow the present appeal of the Revenue and set aside the order passed by the learned Single Judge and we direct that, if the Assessee pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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