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2020 (3) TMI 176

..... and PAN of the assessee have been admittedly transferred to Delhi. The appeal of the assessee was decided by the Ld. CIT(A)-28, New Delhi. Therefore, Ld. CIT(A) is bound to follow the Judgments of the Hon’ble Delhi High Court. The jurisdiction in the case of assessee since transferred to Delhi even at the first appellate stage, therefore, the jurisdiction lies with the Hon’ble Delhi High Court M/S AAR BEE INDUSTRIES [2013 (7) TMI 94 - DELHI HIGH COURT] - Also see SHRI KAMAL WAHAL [2013 (1) TMI 401 - DELHI HIGH COURT] The issue is squarely covered by the above decisions of the Hon’ble Delhi High Court relied upon by the Learned Counsel for the Assessee. since the entire sale amount of long term capital gain have been invest .....

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..... the assessment proceedings that he has fulfilled/all the technical conditions for exemption of long term capital gains under sections 54/54F of I.T. Act, 1961 and in support of this claim, the assessee relied on several decisions of different Courts/ITATs. However, the AO did not accept the explanation of the assessee and relying on the judgment of Jurisdictional High Court i.e. Punjab and Haryana High Court in the case of CIT, Faridabad vs Dinesh Verma in ITA No. 381 of 2014 dated 06.07.2015, wherein it was held that the assessee is not entitled to the benefit conferred under section 54B if the subsequent property is purchased by a person other than the assessee, including his close related even such as wife and children. The A.O. denied t .....

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..... e. The PAN of the assessee was transferred from Rohtak to Delhi because assessee was residing in Delhi. The case of the assessee has also been transferred to Delhi, therefore, jurisdictional High Court would be Delhi High Court. He has relied upon Judgment of the Hon ble Delhi High Court in the case of CIT-X vs., AAR BEE Industries [2013] 357 ITI 542 (Del.) in which it was held as under : It is a well accepted principle that there can be only one Assessing Officer in respect of a case. At the point of time when the present appeals were filed, the Assessing Officer insofar as all the cases of the respondent were concerned, was the Assessing Officer at Delhi. The fact that the Amritsar Bench of the Tribunal had passed the impugned orders or t .....

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..... exclusively in his name. It is moreover to be noted that the assessee in the present case has not purchased the new house in the name of a stranger or somebody who is unconnected with him. He has purchased it only in the name of his wife. There is also no dispute that the entire investment has come out of the sale proceeds and that there was no contribution from the assessee s wife. 10. Having regard to the rule of purposive construction and the object which Section 54F seeks to achieve and respectfully agreeing with the judgment of this Court, we answer the substantial question of law framed by us in the affirmative, in favour of the assessee and against the revenue. The appeal is accordingly dismissed with no order as to costs. 4.2. He h .....

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..... ions. The above decisions of the Hon ble Delhi High Court have squarely apply to the facts and circumstances of the case. In the case of the assessee, the jurisdiction and PAN of the assessee have been admittedly transferred to Delhi. The appeal of the assessee was decided by the Ld. CIT(A)-28, New Delhi. Therefore, Ld. CIT(A) is bound to follow the Judgments of the Hon ble Delhi High Court. The jurisdiction in the case of assessee since transferred to Delhi even at the first appellate stage, therefore, the jurisdiction lies with the Hon ble Delhi High Court. The issue is squarely covered by the above decisions of the Hon ble Delhi High Court relied upon by the Learned Counsel for the Assessee. since the entire sale amount of long term capi .....

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