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2019 (5) TMI 1154 - AT - Income TaxCondonation of delay of 110 days - filing of rectification u/s.154 - HELD THAT:- ld A.R. has placed certain information on record to establish that the order of the CIT(A) is dated 31.8.2018 and the assessee filed a petition for modification and rectification of mistake before the CIT(A) invoking section 154 to consider the CBDT circular. The petition u/s.154 was disposed by the CIT(A) on 13.2.2019 received by the assessee on 22,.2.2019, and, therefore, as soon as the order was received, the appeal was filed before the Tribunal. Considering the reasons given in the condonation petition, I hereby condone the delay and admit this appeal for adjudication. Exemption 10(37) - rectification u/s.154 - exemption to the capital gains arising to an Individual or a HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfilment of certain conditions - CBDT circular No.36 of 2016 - Circular No.11011/30/2015-LA - compensation received for compulsory acquisition of land under the RFCTLARR Act (except those made u/s 46 of RFCTLARR Act), is exempted from the levy of income tax - HELD THAT:- On consideration of the rival submissions, the department is duty bound to adhere to the instruction of the CBDT while disposing the proceedings before them. There is no dispute that both the circulars now referred by the assessee were not furnished before them. Therefore, they had no occasion to consider the same. Be that it may, looking to the facts and circumstances of the case, I consider it proper and justifiable that in order to render substantial justice, the matter needs to be restored back to the file of the AO to consider the CBDT Circular No.36 of 2016 and Circular No.11011/30/2015-LA before making denovo assessment. - Appeal filed by the assessee is allowed for statistical purposes.
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