TMI Blog2021 (2) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... in admitting the additional evidence furnished before him by the assessee in the face of the impugned order passed by the ld. CIT(A). Because in para 4.1 it is specifically recorded by the ld. CIT (A) that detail filed by the assessee was duly sent to AO for a remand report who has given remand report extracted in para 4.1 stating therein that despite giving numerous opportunities to file evidence/details, assessee has not turned up. However, assessee duly filed rejoinder to the remand report in the appellate proceedings before the ld. CIT (A) stating therein that he has submitted all the documents and evidences now relied upon in the appellate proceedings with the AO during assessment proceedings but has not been considered by the AO and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troversy by examining all the documents himself. When the assessee has been found to be eligible u/s 54 qua his capital gains which have been duly explained by virtue of the sale deed qua the property in question, bank statements and sale deed of the new residential property purchased with the capitals gains received, the ld. CIT (A) has rightly and legally deleted the additions by accepting the appeal. Finding no illegality or perversity in the impugned order passed by the ld. CIT (A), present appeal filed by the Revenue is hereby dismissed. - ITA No. 7139/Del./2017 - - - Dated:- 24-2-2021 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ASSESSEE BY : SHRI PARTAP SINGH SOLANKI, ASSESSEE IN PERSON ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and in the circumstances of the case, the Ld.CIT(A) has erred in deleting the addition of ₹ 1,68,758/- towards interest of capital gain account, which is very much taxable in the hands of assessee. (v) On the facts and in the circumstances of the case, the Ld.CIT(A) has grossly erred in allowing the exemption claimed by the assessee under section 54 of IT Act whereas in none of the grounds, the assessee has sought this relief before the Ld.CIT(A). 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : Assessee is a salaried class person working as EE-II in Delhi Jal Board at Jhandewalan, New Delhi and filed return of income for the year under consideration declaring an income of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute that assessee is co-sharer to the extent of 1/5th share in the property bearing plot no.26, B-Block Sector 23A, Dwarka, New Delhi having been sold by virtue of the sale deed dated 08.02.2012 for ₹ 5,25,00,000/- It is also not in dispute that assessee has been maintaining a bank account no.210300111000011 maintained with Corporation Bank, Branch at Main Market, Pankaj Plaza, Sector 6, Dwarka, New Delhi. 6. Perusal of the impugned order passed by the ld. CIT (A) deleting the additions made by the AO having been passed after calling the remand report from the AO goes to prove that the ld. CIT (A) has deleted the additions by thrashing the facts and evidence brought on record by the assessee before the AO as well as during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not sustainable in the face of the impugned order passed by the ld. CIT(A). Because in para 4.1 it is specifically recorded by the ld. CIT (A) that detail filed by the assessee was duly sent to AO for a remand report who has given remand report extracted in para 4.1 stating therein that despite giving numerous opportunities to file evidence/details, assessee has not turned up. However, assessee duly filed rejoinder to the remand report in the appellate proceedings before the ld. CIT (A) stating therein that he has submitted all the documents and evidences now relied upon in the appellate proceedings with the AO during assessment proceedings but has not been considered by the AO and that AO refused to admit the reply dated 04.03.2016 in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by examining all the documents himself. When the assessee has been found to be eligible u/s 54 qua his capital gains which have been duly explained by virtue of the sale deed qua the property in question, bank statements and sale deed of the new residential property purchased with the capitals gains received, the ld. CIT (A) has rightly and legally deleted the additions by accepting the appeal. Finding no illegality or perversity in the impugned order passed by the ld. CIT (A), present appeal filed by the Revenue is hereby dismissed. 11. However, before parting with this order, it is necessary to bring on record, to be taken care of by the CBDT, that present appeal has been filed just to generate unnecessary litigation without examining ..... X X X X Extracts X X X X X X X X Extracts X X X X
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