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Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI N. K. BILLAIYA & MS SUCHITRA KAMBLE
This appeal is filed by the assessee against the order dated 21.07.2016 passed by Commissioner of Income Tax (Appeals)-15, New Delhi for Assessment Year 2009-10.
The grounds of appeal are as under:
1. That on the facts and circumstances of the case and in the case and in the law, the CIT(A) has grossly erred in confirming the addition as made by the Assessing Officer (“AO ) on account of long term capital gain from sale of agricultural land of Rs. 4,54,78,190/-.
2. That on the facts and circumstances of the case and in the law, the CIT(A) has erred in confirming the addition on account of interest income of Rs. 1,57,606/-. That the appellant craves leave to add to and / or Amend, modify or withdraw the grounds outlined above before or at the time of hearing of the appeal.”
The Assessee filed Return of income for the A.Y. 2009-2010 on 18.03.2015. Subsequently, in accordance with the statutory requirement, physical copy of the said income tax return along with audited accounts of the company, statement of income, copies evidencing payment of chargeable taxes duly paid were submitted along with all other necessary details & documents as desired by the Assessing Officer from time to time, during the course of assessment proceedings before the Assessing Officer. The Assessment Order was passed by the Assessing Officer on 23.03.2015 u/s 143/148 of the Income Tax Act which was received by the assessee on 26.03.2015. The Assessing Officer made addition of Rs. 4,54,78,190/- being the amount of Long term capital gain on sale of agriculture land and Rs. 1,57,608/- as Interest Income, thereby total income was assessed at Rs. 4,62,04,003/-.
Being aggrieved by the assessment order the assessee filed appeal before the CIT(A). The CIT(A) dismiss the appeal of the assessee.
The Ld. AR submitted that the relative / sister of the assessee has been granted similar benefit by the Tribunal on the same issue and the matter was remanded back to the CIT(A) as the order is ex-parte. Therefore, the Ld.AR requested that this matter also be remanded back to the file of the CIT(A).
The Ld. DR did not have any objection as the order passed by the CIT(A) is ex-parte.
We have heard both the parties and perused all the relevant material available on record. Since the CIT(A) has not dealt the matter on merit and passed ex-parte order, it will be appropriate to remand back this matter to the file of the CIT(A) to decide the issues involved herein on merit and after giving proper hearing to the assessee. Needless to say, the assessee be given opportunity of hearing by following principle of natural justice. The appeal of the assessee is partly allowed for statistical purpose.
In result appeal of the assessee is partly allowed for statistical purposes.