2021 (4) TMI 1079

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..... G. Johnson, Addl. CIT ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 15, Chennai, dated 27.12.2018 relevant to the assessment year 2012-13. Besides challenging confirmation of addition of long term capital gains, by raising a specific ground, the assessee has challenged the exparte or .....

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..... ocuments submitted by the assessee, the Assessing Officer found that the assessee has received the residential property which was sold during the previous year by registered settlement deed dated 31.10.2007 from his mother Smt. S. Janaki. Thus, the assessee becomes owner of the property on 31.10.2007. The assessee sold the same property by two sale agreement dated 15.07.2011 for a total sale consi .....

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..... (A) confirmed the addition of long term capital gain since the assessee has not furnished the evidence as called for to allow the benefit to the assessee despite giving various opportunities. 4. On being aggrieved, the assessee is in appeal before the Tribunal. By referring to the specific ground raised in the grounds of appeal at ground No. 1, the ld. Counsel for the assessee has submitted that .....

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..... ee, the decision in the case of CIT v. V. Natarajan (supra), wherein, the Hon'ble Madras High Court has held as under: "4.5 In the instant case, the assessee purchased a house at Anna Nagar in the name of his wife Smt. Meera after selling the property at Bangalore. But the same was assessed in the hands of the assessee. Hence, as correctly held by the CIT(A) as well as by the Tribunal that the a .....

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..... he ld. CIT(A) to give one more opportunity to the assessee to furnish the proof that the capital asset acquired was assessed in the hands of the assessee and in case the assessee fails to furnish the evidence, the appellate order already passed by the ld. CIT(A) stands sustained. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 9th A .....

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