TMI Blog2017 (8) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the assessee without considering the same. I further find that assessee has filed the small Paper Book containing pages 1 to 101 in which he filed the copy of written submissions before the ITAT, copy of documents filed with CIT(A) i.e. written submissions (including supporting documents/ annexures); copy of assessment order in case of Sh. Rishipal; documents in relation to share holding (copy of shareholding pattern, joint and individual bank statement). Ld. CIT(A) while considering the appeal of the assessee has not considered the documentary evidences filed by the assessee before him and also not commented upon the written submissions in his impugned order. In view of the above, it is of the considered opinion, that the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. That his action in not distinguishing between 'Land' Leasehold Rights in Lend, which actually were received by the Assessee from the New Okhla Industrial Development Authority (hereinafter referred as Noida Authority ) is incorrect. 3. That his action in holding that the total sales consideration of the lease rights allotted in the land to be determined on the basis of provisions of the Section 5OC of the LT. Act, 1961, is wrong and not as per the provisions of the Income Tax Act, 1961 and thus the additions need to be deleted. 4. That his action, in not considering the main submissions actually made by the Assessee regarding issue of cost of acquisition (COA) of residential plots and rather showing replies filed by Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of the law. 10. Appellant craves leave to add, alter, delete or modify and/or withdraw grounds of appeal up to the date of hearing of the appeal. 3. The facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of brevity. 4. At the time of hearing, Ld. Counsel of the assessee has stated that the grounds raised by the assessee before the Ld. CIT(A) has not been fully adjudicated. He further stated that assessee has filed the Written Submissions before the Ld. CIT(A), which has not been considered by the Ld. CIT(A) and he decided the issue against the assessee without considering the same. In this regard, he draw my attention towards the small Pape ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , especially one decision of the ITAT, Mumbai in the case of Atul G. Puranik vs. ITO attached in the Paper Book at page no. 44-63. He further stated that also no sufficient opportunity has been given by the AO and AO has passed the order u/s. 144/147 of the I.T. Act, 1961. In view of the above, he requested that issue in dispute may be set aside to the file of the AO to decide the same afresh, under the law. 5. On the contrary, Ld. DR relied upon the orders of the authorities below and opposed the request of the Ld. Counsel of the assessee. 6. I have heard both the parties and perused the records. I find that in this case the AO has completed the assessment u/s. 144/147 of the Act. I further find force in the contention of the Ld. Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee before him and also not commented upon the written submissions in his impugned order. In view of the above, I am of the considered opinion, that the aforesaid documents needs to be examined at the level of the AO, therefore, in the interest of justice, I set aside the issue in dispute to the file of the AO to consider the same, afresh under the law, after giving adequate opportunity of being heard to the assessee and after appreciating the documents filed in the shape of Paper Book, as aforesaid. Assessee is also directed to fully cooperate with the AO and did not take any unnecessary adjournment. 7. Following the consistent view, as aforesaid, the issues involved in ITA No. 6121 6123/Del/2016 (AY 2008-09) are also set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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