TMI Blog2017 (10) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessment. It is clear that when this issue raised by the assessee has not been considered by the authorities below, it is only in the fitness of things that we remit this issue to the file of the ld AO for consideration. Non granting of correct cost of acquisition of land while computing the LTCG - Held that:- We are of the view that since the examination of this claim of the assessee, while computing the LTCG of transfer of said land, would not require the examination of any new facts other than those already on the records of the Department, the same is admitted for consideration and adjudication. The same is also remitted to the file of the AO for consideration and adjudication in accordance with law. Since the issue of validity of the reopening has been remitted to the file of the AO, therefore the other grounds modified/additional grounds of appeal raised on merits are also remitted to the file of the AO for consideration and adjudication thereon after affording the assessee adequate opportunity of being heard in the matter. - Assessee’s appeal allowed for statistical purposes. - ITA No.75/Bang/2017 - - - Dated:- 6-10-2017 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act in so far as it is against the Appellant is opposed to law, weight of evidence, probabilities, facts and circumstances of the Appellant's case. 2. Grounds of Violation of Principles of Natural Justice. i) The learned CIT (A) was not justified in passing the order in violation of principle of natural justice. ii) The learned CIT (A) was not justified in passing the order without giving sufficient opportunity of hearing to produce necessary documents and confirmations for the Appellant on the facts and circumstances of the case. iii) The Learned CIT (A) erred in passing the order without appreciating that the Appellant was not in receipt of the remand report and was never called for any rejoinder report by the learned CIT (A). 3. Grounds on transfer as per Section 2(47)(v) of the Act. i) Without Prejudice, the learned CIT (A) failed to appreciate that there was no event of 'transfer' as defined in Section 2(47)(v) of the Act for the impugned assessment year on the facts and circumstances of the case. ii) The learned CIT (A) failed to appreciate that no possession was handed over to the developer in the impugned assessment year on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raves Leave to add, alter, substitute and delete any or all of the grounds of appeal urged above. 9. For the above and other grounds to be urged during the hearing of the appeal the Appellant prays that the appeal be allowed in the interest of equity and justice. 4.1 The assessee has raised the following additional grounds:- 1. Grounds on jurisdiction to re-open assessment u/s. 148 of the Act. I. The order of the learned Commissioner of Incometax [Appeals] in so far as it is against the appellant are opposed to law, weight of evidence, natural justice, facts and circumstances of the case. II. The authorities below erred in law in not holding that the notice issued by the learned assessing officer u/s 148 of the Act is in itself bad in law in as much as the notice proposes to 'reassess' the income of the appellant for the assessment year 2008-09 when there was no assessment order passed earlier in respect of this assessment year and consequently the order passed u/s 143(3) r.w.s 147 of the Act is bad in law and void ab intio on the facts and circumstances of the case. III The authorities below erred in law in not holding that the order of assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at page 2 of paper book). The ld AR contends that in view of the above, the order of assessment framed by the AO without supplying the reasons recorded as sought for by the assessee, and deciding the objections against the notice issued u/s 148 separately, is not sustainable in law and liable to be quashed. In respect of addl. Grounds No.2, regarding the non-granting of correct acquisition of land it was submitted that this ground was inadvertently not raised before the ld CIT(A), and was being raised for the first time before the Tribunal and can be decided on the basis of facts already on the records of the AO/CIT(A). It was prayed that these grounds be admitted and disposed off on merits as these issues would not involve any investigation of any facts otherwise than those on the records of the department. In support of its plea for admission of these additional grounds, the ld AR for the assessee placed reliance on, inter alia, the following decision of the Hon ble Apex Court in the case of NTPC Ltd., Vs. CIT (229 ITR 383) (SC). 4.3 The ld DR for Revenue vehemently objected to the admission of the additional grounds raised by the assessee (Supra), for the reason that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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