9911796707
TMI Blog2017 (4) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... vity. These appeals are directed against the appellate order dated 15th February, 2013 passed by learned Commissioner of Income Tax (Appeals)- 29, Mumbai (hereinafter called "the CIT(A)"), for the assessment year 2006-07, the appellate proceedings before the learned CIT(A) arising from the assessment order dated 24th December, 2008 passed by learned Assessing Officer (hereinafter called "the AO") u/s 143(3) of the Income-tax Act,1961 (hereinafter called "the Act"). 2. The grounds of appeal raised by the assessee in ITA No. 2525/Mum/2013 for assessment year 2006-07 in the memo of appeal filed with the Income-Tax Appellate Tribunal, Mumbai (hereinafter called "the tribunal") read as under:- "1. On the facts and in the circumstances of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 3. The grounds of appeal raised by the Revenue in ITA No. 3528/Mum/2013 for assessment year 2006-07 in the memo of appeal filed with the tribunal read as under:- "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) as erred in considering the aasessee's share in the property situated at CTS NO.749 at 1/8th without appreciating the fact that the assessee on his own shown his share in the said property at 1/4th and worked out the taxable capital gains accordingly in his computation of income filed along with return of income. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in directing the AO to allow deduction u/s 54E to the assessee without appreciating the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by learned DR that learned CIT(A) has merely accepted DVO report without any application of mind, while no finding of fact has been given by learned CIT(A) as to share of the assessee in the said plot of land. It was submitted by learned DR that no remand report was called by learned CIT(A) from the AO for his comments before accepting the assessee's contention as to share in said plot and principles of natural justice are breached and it is in violation of Rule 46A(3) of Income-tax Rules, 1962 as no opportunity for rebuttal was granted to AO. It was submitted by learned DR that DVO is not competent to decide about the share of the assessee in plot and the DVO exceeded his jurisdiction by so deciding the share of the assessee in plot as his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icient opportunity to the assessee and the AO as per Rule 46A(3) of 1962 Rules, also after considering the objections of the assessee. Thus, keeping in view factual matrix of the case , submissions made by both the parties before us as detailed above and in the interest of substantial justice, and also keeping in view that proceedings had been vitiated at the appellate stage with ld. CIT(A) as detailed above, we are inclined to set aside this matter back to the file of the ld. CIT(A) for de novo determination of the issue on merits after considering the objections raised by the assessee. Needless to say the assessee may be granted proper and sufficient opportunity of being heard in accordance with principles of natural justice in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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