9911796707
TMI Blog2012 (7) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... 2005-06. The assessee owned a property along with other co-owners. The said property bearing Survey No.4/2, Sarakkikere village, Uttarahalli Hobli, Bangalore South Taluk measuring 3 acres and 35 guntas with kharab land of 4 guntas, in all measuring 3 acres 39 guntas, was acquired by late Sri K. Vengama Raju by virtue of a partition deed dt.26.2.1959 registered with Sub-Registrar, SouthTaluk, Bangalore. The said Sri K. Vengama Raju died testate and his children viz. Sri K. Keshavavaraju, Smt. K. Saraswathi, Smt. K. Bhagyavathi (the assessee), Smt. R. Padmavathi and Sri R. Vanajakshi partitioned the said property and shared the property vide partition deed dt.27.11.1999 registered with Sub-Registrar, Kengeri. The assessee thereby acquired 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment was completed by an order under section 144 r.w.s. 147 of the Act dt.30.12.2010 determining the Long Term Capital Gains at Rs. 1,04,40,000 with findings on similar lines as in the case of Shri K. Keshavaraju, the assessee's brother. The assessee carried the matter in appeal before the learned CIT(A) who dismissed the assessee's appeal by order dt.19.3.2012. 3.1 The assessee is now in appeal before us. The grounds raised by the assessee, in this appeal, are as under : " 1. The orders of the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidence, probabilities, facts and circumstances of the case. 2. The order of assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of deduction. 54F of the Act. It is stated in the prayer for admission that the additional grounds raised is a pure question of law relating to the eligibility of the assessee to claim deduction under section 54F of the Act and therefore may be admitted in accordance with the ratio of the decision of the Hon'ble Apex Court in the case of National Thermal Power Corporation reported in 229 ITR 393. On careful examination, we are satisfied that the additional ground of appeal raised by the assessee requires to be admitted and to be considered with the other grounds of appeal. 4. The learned counsel for the assessee submitted that the impugned order was passed ex-parte under section 144 of the Act after initiation of proceedings under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manded to the file of the Assessing Officer for examination of the issue so that the assessee may have adequate opportunity to explain her case there. 5. The learned Departmental Representative vehemently opposed the submission made by the assessee. He submitted that the assessee had neither filed her return of income for Assessment Year 2005-06 suo moto nor in response to notice issued under section 148 of the Act and therefore in the circumstances the Assessing Officer was justified in completing the assessment under section 144 of the Act. It was also contended by the learned Departmental Representative that the issue in the case of Sri K. Keshavaraju, the assessee's brother, related to the proper year in which the capital gains are req ..... X X X X Extracts X X X X X X X X Extracts X X X X
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