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2017 (8) TMI 850 - AT - Income TaxCapital Gains - Determination of total sales consideration of the lease rights allotted in the land - applicability of provisions of the Section 50C - issue of cost of acquisition (COA) of residential plots - Held that:- AO has completed the assessment u/s. 144/147 of the Act. Further find force in the contention of the Ld. Counsel of the assessee that Ld. CIT(A) has not fully adjudicated the grounds of appeal and also not considered the Written Submissions filed before him and decided the issue against the assessee without considering the same. I further find that assessee has filed the small Paper Book containing pages 1 to 101 in which he filed the copy of written submissions before the ITAT, copy of documents filed with CIT(A) i.e. written submissions (including supporting documents/ annexures); copy of assessment order in case of Sh. Rishipal; documents in relation to share holding (copy of shareholding pattern, joint and individual bank statement). Ld. CIT(A) while considering the appeal of the assessee has not considered the documentary evidences filed by the assessee before him and also not commented upon the written submissions in his impugned order. In view of the above, it is of the considered opinion, that the aforesaid documents needs to be examined at the level of the AO, therefore, in the interest of justice, set aside the issue in dispute to the file of the AO to consider the same, afresh under the law, after giving adequate opportunity of being heard to the assessee and after appreciating the documents filed in the shape of Paper Book, as aforesaid. Assessee is also directed to fully cooperate with the AO and did not take any unnecessary adjournment.
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