GOLLA CHANDRA MOULI,CUTTACK vs. DCIT,CIRCLE-1(1), CUTTACK

For that the order of the learned CIT (A) in so far is prejudicial to the interest of the appellant is bad and erroneous in law and against the facts and in the circumstances of the case.

For that the learned CIT (A) should not have left out of Consideration the additional grounds of appeal and written submission of the appellant filed on 31/10/2018, in which it has been specifically claimed that the cost of improvement Rs.57,95,000/- in fact is the cost of construction borne by the Developer and the property was only hand over to the appellant on 18/01/2012 after completion of the project and subsequently sold on 01/02/2013, disclosing Short Term Capital Gain of Rs.32,72,699/-on the facts and in the circumstances of the case.

For that the learned CIT (A) before confirming the action of the learned assessing officer should have borne in mind that the claim

For these and such other grounds it is urged that the order of the learned CIT (A) on the above points may be set aside.

For that the appellant craves leave to add, alter or amend all or any other grounds of appeal before or at the time of hearing of the appeal.

Ld. AR, at the outset, submitted that the CIT(A) has not considered the additional grounds of appeal and written

On the other hand, ld. DR relied on the orders of the authorities

We have heard the rival submissions of both the parties and carefully perused the material placed on record. During the course of 3 hearing, ld.AR drew our attention to the additional grounds of appeal filed before the CIT(A), Cuttack, copy of which is placed on record and submitted that without considering the same and even the submission of the assessee, the CIT(A) dismissed the appeal of the assessee. We have also gone through the additional grounds of appeals which was filed by the assessee before the CIT(A) and on perusal of the appellate order, we also find that the CIT(A) has not taken into consideration the additional grounds of appeal filed by the assessee. Therefore, in the interest of justice, we restore the appeal of the assessee to the file of CIT(A) to pass a speaking and reasoned order considering the findings of AO and the submissions of the assessee along with the additional grounds filed by the assessee, after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to cooperate with the CIT(A) in early disposal of the case.

In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 18/12/ 2019. (C.M.GARG) (L.P.SAHU) न्यानयक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER कटक Cuttack; ददनांक Dated 18/12/2019 Prakash Kumar Mishra, Sr.P.S.

Cuttack गार्ा पाईल / Guard file. 6. सत्यावऩत प्रनत //// आदेशािुसार/ BY ORDER,