TMI Blog2020 (3) TMI 1405X X X X Extracts X X X X X X X X Extracts X X X X ..... ion at the level of the Assessing Officer. Therefore, in the interest of justice, we set aside the issue involved in the additional ground i.e. Whether the AO as well as Ld. CIT(A) erred in law and on facts in not appreciating that the provisions of section 50C of the Act are not applicable in respect of lease hold right in land , this issue may be considered and decided by the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has assessed income under the head capital gain. 2. Because the Ld. CIT was wrong to dismiss the ground on the basis that no evidence adduced by the appellant for not serving the statutory notice. 3. Because the Ld. CIT was wrong to observe that the round is general and subjective in nature require no adjudication. 4. Because the Ld. CIT wrong to observe that the stamp valuation authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act in the case of the assessee is required thorough consideration at the level of the Assessing Officer. He requested that the issue involved in additional ground of appeal may be set aside to the Assessing Officer to decide the same, as per law, after giving adequate opportunity of being heard to the assessee. 4. Ld. DR did not raise any serious objection on the request of the ld. Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t his request for setting aside the issue of applicability of section 50C of the I.T. Act in respect of lease hold rights in land requires thorough consideration at the level of the Assessing Officer. Therefore, in the interest of justice, I am setting aside the issue involved in the additional ground i.e. Whether the AO as well as Ld. CIT(A) erred in law and on facts in not appreciating that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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