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Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
ORDER
Per N. K. Saini, AM:
This is an appeal by the assessee against the order dated 13.02.2018 of ld. CIT(A), Meerut.
Following grounds have been raised in this appeal: “1. That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the action of Id AO in applying section 115BBE which is out rightly bad in law.
2. That on the facts and in the circumstances of the case and in law, Id CIT-A erred in not allowing rectification application filed u/s 154 by assessee which was wrongfully rejected by Ld. AO.
3. That on the facts and in the circumstances of the case and in law, Id CIT-A erred in not appreciating surrender of exempt LTCG income u/s 10(38) shall be subject matter of section 112 only and cannot be lumped in unexplained income provisions which are not applicable to capital gains transaction.
4. That the appellant craves leave to add add/alter any/all grounds of appeal before or at the time of hearing of the appeal.”
Rupesh Bishnoi 3. During the course of hearing, the ld. Counsel for the assessee submitted that the ld. CIT(A) passed a non-speaking order and he neither had considered the submissions of the assessee nor given any reason for confirming the action of the AO.
In his rival submissions, the ld. Sr. DR supported the impugned order passed by the ld. CIT(A).
After considering the submissions of both the parties and the material available on record, it is noticed that the ld. CIT(A) has not discussed the submission of the assessee and simply stated that the assessee is in appeal raising the grounds of appeal as stated in para 2 of the impugned order. However, it is not brought on record as to what were the submissions of the assessee. We, therefore, deem it appropriate to set aside this issue back to the file of the CIT(A) to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes. (Order Pronounced in the Open Court on 20/09/2018)