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2017 (3) TMI 252 - AT - Income TaxAssessee offered capital gain from Sale of land and not from building - joint property - assessee submitted that he is the owner of the land and not of the building. The entire investment in the construction of the building was made only by other person - Held that:- On examination of the order of lower authorities we find that the argument of the assessee that he has no connection with the building either directly or indirectly has not been adjudicated in the absence of documentary evidence. However in our view the lower authorities before reaching to the conclusion should have cross verified the contention of the assessee from Mr. Samar Roy Chowdhury which they failed to do so. Therefore in the interest of Justice and fair play we’re inclined to give one more opportunity to the assessee to submit his arguments with documentary evidence to justify his claim. Hence we restore this ground of appeal of the assessee to the AO for fresh adjudication in accordance with the law and in the light of above is stated discussion. - Decided n favor of assessee for statistical purposes.
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