SHRI GAJANAND GURJAR VILLAGE MAHANANDPUR GANGAPUR CITY, SAWAI MADHOPUR,SAWAI MADHOPUR vs. ITO WARD-3, SAWAI MADHOPUR, SAWAI MADHOPUR

None has appeared on behalf of the assessees despite notice sent to the assessee through e-mail. It transpired from the record that even the assessees did not appear either before the AO or before the ld. CIT(A) and consequently the AO as well as ld. CIT(A) have passed ex- parte orders. Hence, we proposed to hear and disposed off of these three appeal ex-parte by this composite order.

We have heard the ld. DR and carefully perused the orders of the authorities below. In these three appeals the assessees have sold agricultural land for the consideration shown in the sale deed however, the AO reopened the assessment by issuing notice U/s 148 of the Act to assess the long term capital gain based on the valuation adopted by the Stamp Duty Authority and thereby invoking the provisions of Section 50C of the IT Act. We further note that the Assessing Officer has assessed the entire sale consideration which is deemed full value consideration U/s 50C of the Act and therefore, the AO has not allowed any deduction on account of cost of acquisition or other deductions U/s 48 of the Act due to the reasons that none has appeared on behalf of the assessee during the assessment. Thus, it is apparent that the AO has not conducted any enquiry to ascertain the cost of acquisition or index cost of acquisition of the land in question and further, the date to 972/JP/2019 Shri Shadhu Lal Gurjar vs. ITO and mode of acquisition of the land in question by the assessees and thereby the fair market value, if any as on 01.04.1981 or 01.04.1991 etc. The assessees challenged the action of the AO before the ld. CIT(A) however, the appeals of the assessee were dismissed by the ld. CIT(A) while passing the impugned ex-parte orders for want of attendance on behalf of the assessee. There is no dispute that the assessees are not attending the proceedings either before the AO or before the ld. CIT(A)or even before this Tribunal however, it is duty of the AO to assess the correct income of the assessee. Therefore, when the assessment order itself manifest that the AO has assessed the entire sale consideration and that too the deemed full value consideration U/s 50C of the Act without allowing any deduction on account of cost of acquisition and other deductions U/s 48 of the Act then this matter requires fresh consideration. Accordingly, in the facts and circumstances of the case and in the interest of justice, we set aside these three appeals to the record of the ld. CIT(A) for granting one more opportunity of hearing to the assessee and then decide the matters on merits. to 972/JP/2019 Shri Shadhu Lal Gurjar vs. ITO In the result, all three appeals of the assessees are allowed for statistical purposes. Order pronounced in the open court on 10/07/2020. Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vikram Singh Yadav) (Vijay Pal Rao) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 10/07/2020. *Santosh. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- 1. Shri Shadhu Lal Gurjar, 2. Shri Baney Singh Gurjar 3. Shri Gajanand Gurjar, All Sawai Madhopur. 2. izR;FkhZ@ The Respondent- ITO, Ward-2, Sawai Madhopur ITO, Ward-3, Sawai Madhopur. 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File {ITA No. 970 to 972/JP/2019} vkns'kkuqlkj@ By order,