TMI Blog2014 (1) TMI 1886X X X X Extracts X X X X X X X X Extracts X X X X ..... ther not brought to the notice of the authorities below or due to oversight it was not considered by the AO/Ld. CIT(A). We, therefore, deem it appropriate to restore this issue back to the file of the AO to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard. The legal heirs of the deceased-assessee are also free to adduce any evidence in support ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee. 2. The Ld. Commissioner of Income Tax (Appeals) has erred in facts and in law in confirming the action of AO of issuing notice of demand issued u/s 156 without ascertaining the estate of deceased which is capable of meeting the tax liabilities u/s 159 and without specifying the amount of tax recoverable from each of legal representative. 3. The assessee craves to amend, alter and m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty situated at D-81, Ghiya Marg, Bani Park, Jaipur on 25/11/1981 @ 170 per sq. yard. 4. Being aggrieved, the assessee carried the matter to the Ld. CIT(A), who directed the AO to adopt the fair market value as on 01/04/1981 @ ₹ 200/- per sq. yard by considering that the property, which was sold by the assessee was on the main road and the comparable case situated at D-81, Ghiya Marg, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the plot of the assessee was a corner plot having rectangular shape, therefore, at least a mark of 20% should be considered over the land situated at Bhawani Sing Road. A reference was made to the sale deed of property situated at Bhawani Singh Road, copy of which is placed at page 66-74 of the assessee s compilation. 6. In his rival submissions, Ld. D.R. supported the order of the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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