TMI Blog2021 (8) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, these powers are not restricted to the appellate authorities as held in the case of Goetez India Ltd.[ 2006 (3) TMI 75 - SUPREME COURT] and the decision of Mitex Impex, [ 2017 (3) TMI 233 - GUJARAT HIGH COURT] . Considering the factual matrix of the case, that assessee has raised additional claim of excess claim of exemption under section 54B, which has not been examined by the lower aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (AR) of the assessee submits that a very short issue is involved in the present appeal. The Ld. AR of the assessee submits that initially the assessee sought the exemption under section 54B of the Act in respect of purchase of agricultural land at Vasu/315 Sl.No. 142 for ₹ 1.50 crore. However, during the course of assessment, the assessee filed revised computation of long term capital gains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee submits that it is settled law, although, assessing officer is not entitled to admit additional claim, however, this power are not restricted to the appellate authority. The appellate authority including Ld. CIT(A) and the Hon ble Tribunal is entitled to admit the additional ground of appeal for additional claim. To support his submission, the Ld. AR of the assessee relied upon the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rival submission of the parties and gone through the orders of the lower authorities. We find that Ld. AR of the assessee has explained the fact in a narrow compass as noted above. The short question for our consideration is whether in absence of revised return of income the Ld. CIT(A), was entitled to admit the additional claim by way of additional ground of appeal or not. It is settled law that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of hearing to the assessee. The assessee is also directed to provide necessary detailed information and evidence to the Assessing Officer. 6. In the result, appeal of the assessee is allowed for statistical purposes. The order affix at the time of hearing of appeal Order announced at the time of hearing of appeal on Friday, 16th July 2021 in the Virtual Court hearing. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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