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2019 (3) TMI 222 - AT - Income TaxCapital gain - transfer u/s 2(47) - Cancellation of JDA - Grant of possession of land to the developer - HELD THAT:- On perusal of the order of the CIT(A), we found there is no finding or observations of the CIT(A) on the ground of possession of the property or the plea raised in the appellate proceedings. Therefore, we are of the considered opinion that the CIT(A) did not give appropriate findings whether the possession of land was granted or not by the assessee to developer. Accordingly, in the interest of substantial justice and judicial decisions, we restore the disputed issue to the file of the CIT(A) to adjudicate on the issue of granting of possession by the assessee to the developer or not and observations of the Hon’ble Supreme Court in BALBIR SINGH MAINI, CS ATWAL [2017 (10) TMI 323 - SUPREME COURT OF INDIA] and pass a reasoned and speaking order and further the assessee shall co-operate in submitting the information for early disposal of the appeal and the grounds of appeal of assessee are allowed for statistical purposes.
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