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2016 (7) TMI 95

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..... Learned AO with regard to the disclosure of LTCG by the assessee from the electronically filed return of income. Accordingly, in the facts and circumstances, we deem it fit and appropriate in the interest of justice and fair play to set aside this issue to the file of the Ld. AO to have a revisit on the impugned issue afresh, by verification of the figures of LTCG in the return vis a vis the worki .....

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..... sed following grounds: 1. For that in view of the facts and circumstances of the case the Ld. CIT(A) was wholly wrong and unjustified in confirming the A.O's action in enhancing the income under the head Long Term Capital Gain earned during the year under appeal i.e A.Y 2009-10 in the Intimation U/S 143(1) of the Act by a sum of ₹ 19,97,050/- ( r/o) without assigning any reason fo .....

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..... ( assessed total income ₹ 2,23,42,890/- Less returned total income ₹ 2,03,45,840/- ). The actions of the A.O and the Ld. CIT(A) were wholly unreasonable, uncalled for and bad in law. 3. Brief facts of the issue are that the return of income was filed by the assessee for AY 2009-10 on 13.07.2009 declaring taxable income of ₹ 2,03,45,840/- which included Long Term Capi .....

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..... o the relevant portion of the LTCG figure disclosed in the said return. 6. We have heard rival submissions and gone through the material available on record. We find that both the Learned AR and Learned DR fairly agreed for ascertaining of real facts by the Learned AO with regard to the disclosure of LTCG by the assessee from the electronically filed return of income. Accordingly, in the facts .....

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