TMI Blog2016 (9) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... he addition made on account of long term capital gains. In the peculiar facts of the case, we, therefore, think it proper to restore the matter to the file of ld. CIT(A) to decide the appeal afresh after making proper enquiry into the matter and to record clear findings on the allowability of claim of assessee made u/s. 54F of the It Act. Needless to say, the assessee shall be given reasonable opportunity of being heard. The assessee is also directed to cooperate with the Revenue authorities. Accordingly, the appeal of the assessee is allowed for statistical purposes. - ITA No. 736/Del./2016 - - - Dated:- 14-7-2016 - SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER For The Appellant : Sh. Anurag Jain, C.A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also submitted before CIT(Appeals) but appeal was wrongly rejected by the CIT(Appeals). Under the facts and circumstances of the case, your honour is requested to allow deduction for investment of ₹ 10632000/- u/s. 54F and justice restored. 2. The brief facts of the case are that the notice was issued u/s. 148 on 25.03.2013 which was duly served upon the assessee on 30.03.2013, but the assessee neither appeared before the AO nor filed any return of income in response to said notice. Notice u/s. 142(1) was also issued on 02.08.2013 which was not responded to. Thereafter several notices were issued to the assessee, but the assessee did not bother to appear before the AO, as can be seen from the series of notices mentioned in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Medicare Research Centre, 13-Prem Enclave, Meerut Road, Opp. DPS, Ghaziabad (U.P.). The assessee produced a valuation report for the construction of a house of ₹ 1,06,32,000/- from the registered valuer for claiming deduction u/s. 54F of the IT Act. The ld. CIT(A) did not accept the additional evidences and upheld the order of Assessing Officer stating that there was no claim made before the Assessing Officer u/s. 54F. Aggrieved by the order of ld. CIT(A), the assessee is in appeal before the Tribunal. 4. During the course of hearing, the ld. AR of the assessee submitted additional grounds before us, which speak the same thing as in original grounds. We, therefore, need not to adjudicate them separately. It was submitted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional evidences laid before him u/r. 46A, as the assessee was not afforded reasonable opportunity of hearing before the AO and the assessee was not aware of the notices issued by AO due to his sickness during the assessment proceedings and therefore, the assessee could not place his stand before the AO. Having gone through the provisions of Rule 46A, we find that assessee is entitled to submit additional evidence before the first appellate authority only when it satisfies any of the four conditions enumerated in this rule which are as under : (i) if the Assessing Officer refuses to admit the evidence which ought to have been admitted; (ii). When the appellant was prevented by sufficient cause from producing such evidence which he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ach the AO thereafter upto the date of finalization of assessment order. We, therefore, find that there was no sufficient cause which prevented the assessee to put his claim before the AO or to adduce supporting documents. As regards lack of opportunity of being heard, we do not agree with the assessee inasmuch as the assessee has been given more than ample opportunities by the AO before finalization of assessment order, but the assessee has failed to avail any of the opportunity for which no good reason have been assigned before us, as discussed above. We, therefore, hold that exceptions set out in rule 46A of the Act under which the assessee could file the additional evidences, do not stand satisfied in the instant case. 8. However, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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