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2018 (10) TMI 233 - AT - Income TaxProfit on sale of land - to be assessed from business income or short term capital gain - Held that:- Perusal of the order of the CIT(A) would indicate that neither the CIT(A) carved out any points of disputes nor recorded reasons for the decision. After looking into the record, he simply concurred with the AO. CIT(A) ought to have applied his independent mind on the facts collected by the AO and the explanation given by the assessee before the AO. CIT(A) failed to adhere to the procedure contemplated in section 250(6) of the Act, therefore, orders of CIT(A) are not sustainable. We deem it appropriate to state here for the argument’s sake that even if it is assumed that there is a contributory negligence at the end of the assessee by not appearing before the ld.CIT(A), then also, punishment in the shape of tax liability on additions extracted (supra) is disproportionate to the negligence.
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