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2021 (3) TMI 865 - AT - Income TaxShort term capital gain - execution of two sale deeds by the assessee i.e. dated 19/05/2008 and another dated 16/03/2009 - Admission of additional evidence - HELD THAT:- We found that the assessee had placed on record Rajinama dated 30/06/2009 which was consequently followed by registered cancellation deed dated 05/11/2009. Since the assessee has already placed on record Rajinama dated 30/06/2009 but could not place on record registered cancellation deed dated 05/11/2009 because of the reasons mentioned above, in our view, the cancellation deed dated 05/11/2009 is a registered document and cancellation deed was followed by Rajinama dated 30/06/2009 which have already been placed on record by the assessee. Since according to the assessee, the said Rajinama dated 30/06/2009 was already filed before the A.O. and the cancellation deed was not available at that time with the assessee and after assessment, the assessee obtained a certified true copy of the cancellation deed from the Sub-Registrar, therefore, the case of the assessee is covered by Clause (c) of Rule 46A of the Rules. We are of the considered view that since the veracity of the registered cancellation deed dated 05/11/2009 has not been disputed by the revenue in any manner, therefore, the ld. CIT(A) ought to have admitted the said documents as additional evidence. Since ld. CIT(A) has not admitted the Registered Cancellation deed dated 05/11/2009, therefore, keeping in view our above discussion, we direct the ld. CIT(A) to admit the Registered Cancellation deed dated 05/11/2009 as additional evidence. Since, we have allowed the additional evidence of the assessee, therefore, in the interest of justice, we restore the matter back to the ld. CIT(A) for deciding the issue of short term capital gain afresh by taking into consideration the fact of registered cancellation deed dated 05/11/2009.
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