TMI Blog2021 (8) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... of justice, We hereby remit the matter back to the file of Ld. CIT (A) in order to consider the appeals afresh on merits by providing one more opportunity to the assessee of being heard. At the same breath, We also hereby caution the assessee to promptly co-operate before the Ld. CIT (A) in the proceedings failing which the Ld. CIT (A) shall be at liberty to pass appropriate order in accordance with law and merits based on the materials on the record. It is ordered accordingly. Appeals filed by the assessee are allowed for statistical purposes - ITA No. 1657 & 1658/Hyd/2016 - - - Dated:- 6-8-2021 - SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Assessee : Shri M.V. Anil Kumar Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are extracted herein below for reference:- 1. The order of the CIT(A)-3, Hyderabad dated 9/9/2016 is erroneous, contrary to law and facts of the case. 2. a) The CIT(A) is not justified in confirming the disallowance of claim made by the appellant u/s. 54F stating that long term capital gain of ₹ 2,75,66,209/- is liable to tax for asst. year 2011-12. CIT(A) ought to have seen that deduction was claimed U/s. 54F by the appellant in A.Y. 2012-13 based on the execution of sale deed in favour of Maruti Suzuki Ltd on 28/09/2011 and agreement with Vasanta Green Projects for acquiring a villa for consideration of ₹ 3.05 Crs was entered into on 31/10/2013. which is within 3 years from the date of transfer of land. It is furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. Hence, it was pleaded that the order passed by the Ld. CIT(A) does not call for any interference. 5. We have heard the rival submissions and carefully perused the materials on record. On examining the facts of the case, We find merit in the submissions of the Ld. DR. The Ld. CIT (A) had posted the case on four occasions. However, none appeared on behalf of the assessee before the CIT(A) on the dates of hearing. Therefore, the Ld. CIT (A) was left with no other option except to adjudicate the appeals ex-parte. In this situation, We do not find much strength in the arguments advanced by the ld. AR. However, considering the prayer of the Ld. AR, in the interest of justice, We hereby remit the matter back to the file of Ld. CIT (A) in or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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