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2019 (3) TMI 908 - ITAT DELHIPenalty u/s 271(1)(c) - addition on account of capital gain - Assessment order in the case of one of the co-owners - HELD THAT:- Assessment order in the case of one of the co-owners and submitted that the Assessing Officer in the said order has accepted the returned income without making any addition. On a pointed query by the Bench as to what has happened to the other co-owners, neither the assessee nor the DR could throw any light. It is also discernible from the paper book that the case is pending before the Hon'ble Delhi High Court. Considering the totality of the facts of the case and considering the fact that the Assessing Officer in the case of one of the co-owners has not made any addition on account of capital gain and since it is not known as to what has happened in the case of other co-owners, therefore, I deem it proper to restore the issue to the file of the AO with a direction to adjudicate the issue afresh, after giving due opportunity of being heard to the assessee. The Assessing Officer shall decide the issue as per fact and law. Thus hold accordingly. Grounds raised by the assessee are accordingly allowed for statistical purposes.
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