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TMI Blog2020 (11) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER PER SAKTIJIT DEY. J.M. The captioned appeal by the assessee is against the order dated 8th April 2019, passed by the learned Commissioner of Income Tax (Appeals)-28, Mumbai, for the assessment year 2015-16. 2. When the appeal was called for hearing, no one was present on behalf of the assessee to represent the case. There is no application seeking adjournment either. Considering the nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment proceedings, the assessee made a fresh claim through submissions that since the asset was held for more than three years, the rate of tax applicable would be that of long term capital gain as per section 112 of the Act. The Assessing Officer, however, did not accept the aforesaid claim of the assessee by observing that such claim having not been made in the original return of income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (Appeals) have rejected the aforesaid claim of the assessee on the ground that the assessee has not made such claim either in the original return of income or through a revised return of income as provided under section 139(5) of the Act. In our view, learned Commissioner (Appeals) was not justified in agreeing with the decision of the Assessing Officer, thereby, not deciding assessee's cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on merits keeping in view the judicial precedents to be cited before him. Needless to mention, the Assessing Officer shall provide reasonable opportunity of being heard to the assessee before deciding the issue. Grounds raised by the assessee are allowed for statistical purposes. 6. In the result, appeal is allowed for statistical purposes. Order pronounced through notice board under rule 34(4) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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