TMI Blog2012 (11) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... . NARAYANAN, VICE PRESIDENT This appeal is filed by the assessee. The relevant assessment year is 2005-06. The appeal is directed against the order of the Commissioner of Income-tax(Appeals)-I at Coimbatore, dated 1-6-2012. The appeal arises out of the assessment completed under section 143(3), read with section 147 of the Income-tax Act, 1961. 2. The relevant grounds raised by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... computation of capital gains, and upholding the jurisdiction of the AO, for availing extended time limit under the proviso to Section 147, in the facts and the circumstances of the case and in law. 3. The learned CIT(Appeals) ought to have held that the constitutional of validity of Section 50C, had been upheld by the jurisdictional High Court, on the basis of the obligation cast on the AO, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to law, excessive and unsustainable in the facts and the circumstances of the case. 3. We heard both sides in detail. In the present case the original assessment was completed under section 143(3). The Assessing Officer issued a notice under section 148 after a period of three years to reopen the assessment under section 147. The case of the Assessing Officer is that the assessee had paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... losure cannot be ignored only for the reason that the assessee had filed only photostat copies of the sale deed. The original sale deed will always be with the buyer of the property. The assessee will have only the certified copy. If the assessing authority had insisted at the time of original assessment, the assessee could have produced the original certified copy of the sale deed after obtaining ..... X X X X Extracts X X X X X X X X Extracts X X X X
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