TMI Blog2023 (2) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... lication under section 154 of the Act. CPC passed rectification order without considering assessee s submission. CPC has not given any reasons in the rectification order. Assessee filed appeal before the ld.CIT(A) against the order under section 154 - CIT(A) has merely stated that the grounds of appeal raised by the assessee are beyond the scope of section 154 - CIT(A) failed to appreciate the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iwadekar AR For the Revenue : Shri M.G.Jasnani DR ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], Delhi dated 10.11.2022 for A.Y.2020-21 emanating from the order of Assessing Officer passed under section 154 dated 22.04.2022 passed by ADIT(CPC). The grounds of appeal raised b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectification application before CPC. CPC has not rectified the defect pointed out by the assessee, but increased amount of income considered under heads Business Profession by Rs.96,850/- to Rs.1,18,132/-. CPC has not given any reason in the order. Aggrieved by the order of the CPC, the assessee filed appeal before the ld.CIT(A). However, the ld.CIT(A) has not adjudicated the issue and merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Departmental Representative(ld.DR) for the Revenue admitted the fact. Discussion and Findings : 4. We have heard both the parties and perused the records. Assessee has shown calculation of long term capital gain in the Return of Income as under : 5. Thus, assessee has shown proper calculation of capital gains and claimed 54EC deduction, however, ADIT(CPC) has made adjustment un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. The ld.CIT(A) has not discussed these facts. The ld.CIT(A) has failed to pass a speaking order, therefore in the interest of justice we set-aside the order to the ld.CIT(A) for denovo adjudication. The ld.CIT(A) shall give opportunity of being heard to the assessee before passing the order. Accordingly, grounds raised by the assessee are allowed for statistical purpose. 6. In the result, ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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