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2016 (11) TMI 593 - ITAT MUMBAIAddition on capital gain by invoking the provisions of Section 50C - Held that:- As before the ld. CIT (A) proper representation could not be made by the counsel and assessee being salaried employee could not himself represent its case properly. This is evident from the order of Ld. CIT(A) wherein he has observed that, since assessee’s Counsel has not made any request for making reference to the DVO, therefore, the same is not being made. Now, before us, a huge compilation of additional evidences has been filed, which at the fact of it goes to the very root of issue involved. Thus, under the facts and circumstances as narrated above, we are admitting the evidences as well as the additional ground filed by the assessee and the entire matter is restored back to the file of the AO for fresh consideration and adjudication of Long-term-capital-gain after giving due and effective opportunity to the assessee to present his case. Thus, we remand back the entire issue to the file of the AO for fresh adjudication - Decided in favour of assessee for statistical purposes.
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