TMI Blog2022 (12) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ls relate to factual aspects and since the ld. AR submits that the assessees would be in a position to place all availabile records to prove their claim for deduction u/s 54 of the Act before Ld PCIT, in the interest of natural justice, we are of the view that these assessees may be provided with one more opportunity to present their case before ld. PCIT. Accordingly we set aside the orders passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals relate to the Assessment Year 2013-14. 2. Since the issue contested in these appeals are emanating from identical set of facts, both the appeals were heard together and are being disposed of by this common order, for the sake of convenience. 3. The assessee Smt Kanta Devi Chandak is wife of the other assessee Sh. Mohan Lal Chandak. Smt Kanta Devi Chandak has since expired and hence h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inadvertently omitted to prefer appeals against the orders passed by ld. PCIT u/s 263 of the Act in his hands and also in the hands of his wife. The ld. AR submitted that the delay in filing appeals before Hon ble ITAT is on account of reasonable cause and accordingly prayed that the delay in filing these appeals may be condoned. 6. We heard the ld. DR on this preliminary issue. Having regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im afresh. In the set aside proceedings, the AO has accepted that the assessees have invested capital gains in construction of residential house. However, the AO has not fully allowed the deduction as claimed by these assessees, on the reasoning that these assessees have also constructed commercial building. The ld. AR submitted that the assessees have not constructed any commercial building as av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly we set aside the orders passed by ld. PCIT in the hands of these assessees and restore all the issues to his file for examining them afresh. We also direct the assessees to furnish all information and explanations relating to the issues examined by ld. PCIT. 9. In the result, both appeals filed by the assessees are treated as allowed for statistical purposes. Order pronounced in the ope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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