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2018 (2) TMI 591 - AT - Income TaxLevying Income Tax @ 30% on Short Term Capital Gains on sale of shares as against 10% u/s. 111A of the Act as claimed by the Appellant - additional evidence acceptance - Held that:- Assessee has actually paid the STT and the sale transaction took place after 1st October, 2004. However, the learned CIT-A has not at all considered this submission and has held that assessee has not filed any additional evidence. What sort of additional evidence learned CIT-A had in mind has not been spelt out. Assessee has made factual submission and these could have been verified from the assessment records. Hence the non-consideration of asseessee’s submission and laconic dismissal of the plea by the learned CIT-A is not sustainable. Accordingly, remit the issue the file of learned CIT-A. Learned CIT-A is directed to consider the issue afresh keeping into account our observations as above and after giving the assessee proper opportunity of being heard. - Appeal by the assessee stands allowed for statistical purposes.
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