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Income Tax - Highlights / Catch Notes

Home Highlights January 2022 Year 2022 This

Validity of appeal before CIT-A u/s 246A - Assessability of ...


Appeal on Capital Gains Assessability for Individual or HUF u/s 246A Seeks Merits-Based Review by Commissioner.

January 29, 2022

Case Laws     Income Tax     AT

Validity of appeal before CIT-A u/s 246A - Assessability of capital gains in the hands of Individual or HUF - In the interest of natural justice, the Ld CIT(A) should not have been too technical and should have allowed the assessees to filed revised Form No.35. Accordingly, we are of the view that these assessees should be allowed to file Form No.35 mentioning the PAN of individual. Further, we notice that the Ld. CIT(A) has not adjudicated the grounds urged on merits. Under these set of facts, we are of the view that all the issues urged before us are required to be restored to the file of Ld. CIT(A) for adjudicating them on merits. - AT

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