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Income Tax Appellate Tribunal, ‘ C’ SMC BENCH : CHENNAI
Before: SHRI JOGINDER SINGH & SHRI A.MOHAN ALANKAMONY
आदेश / O R D E R
PER JOGINDER SINGH, VICE PRESIDENT:
This is an appeal filed by the assessee against the impugned order of the Commissioner of Income-tax (Appeals)- 13,Chennai in dated 18.05.2018 for the assessment year 2014-15 on the grounds stated in the grounds of appeal broadly upholding a sum of `.13,05,990/- as income from other sources u/s.56(2)(vii) of the Income Tax Act, 1961 without appreciating the value of the property, purchased by the assessee, was only `.2,40,00,000/-.
2 During hearing the ld.Counsel for the assessee furnished a copy of the death certificate of Shri S.A.Basheer by claiming that the assessee died on 29.01.2018 and the impugned order is dated 18.05.2018 and thus the legal heir were not brought on record, which caused prejudice to the legal heir. The ld.D.R Shri B.Sagadevan did not oppose the claim of the assessee.
We have considered the rival submissions and perused the material available on record. The face in brief are that the assessee declared income of `.2,16,250/- in his return filed on 31.03.2016,. The ld.A.O had reasoned to believe that the assessee purchased the property along with others on 12.09.2013 for a consideration of `.2.40 crores. As per the Revenue, the guideline value of the property was reported at 4.29 crores, therefore, he observed that Sec.56(2)(vii) clause (b) (ii) is applicable. The ld.A.O added `.13,05,990/- as income from other sources u/s.57 (2)(vii) of the Act. Without going into much deliberation /merits of the appeal, as claimed by the ld. Counsel for the assessee, all the legal heir are expected to be brought on record and then the appeal of the assessee has to be adjudicated on merits. Thus, we deem it appropriate to remand this appeal to the file of the ld.First Appellate Authroity to bring all the legal heir on record and then, decide in accordance with law. All the legal heir be heard and proper opportunity of hearing be provided to them. Thus, the appeal of the assessee is allowed for statistical purposes only.
This order was pronounced in the open court, at the conclusion of the hearing, in the presence of learned counsel from both sides on 03 rd December, 2018.