LATE JWALA SINGH TH. L/H. SHRI MAHENDRA SINGH,INDORE vs. ITO-1(4), INDORE

The instant four appeals filed by four different assessees are directed against the orders all dated 19.02.2019 passed by the Ld. Commissioner of Income Tax (Appeals), Indore (in short ‘CIT(A)’), arising out of the orders all dated 31.10.2017 passed by the Income Tax Officer-1(4), Indore under section 144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2010-11.

The addition of Rs.31,90,400/- under Section 50C of the Act is under challenge before us. , 541 to 543/Ind/2019 (Shri Bharat Singh & Ors.) - 3 - 3. The brief facts of the case is this that the assessee with four other co- sellers has sold out agricultural land at Village-Niranjanpur, being an ancestral agricultural land on 21.04.2009 for a total consideration of Rs.1,59,52,000/-; the co-sharers are three brothers and mother and each received Rs.31,90,400/-. The sale deed was registered on 27.02.2008 pertaining to A.Y. 2008-09. There was practically no sale of land for the year under consideration and therefore, no long term capital gain arise in A.Y. 2010-11. In support of the contention made by the assessee the documents mainly the valuation report has been placed before the Ld.CIT(A) by way of an additional evidence which has not been admitted by the said authorities. Such reports were submitted for the purpose of cost of acquisition. Since the same was before the Ld.AO was not found to be sufficient, the said particular documents were not admitted by the Ld.CIT(A). This being the first ground taken by the assessee before us which goes to the root of the matter. Thus, keeping in view this particular aspect of the matter, we find that the said documents is required to be admitted for proper adjudication of the issue itself and thus, the same is duly admitted by us.

However, in our considered view, this particular document needs to be taken care of by the Ld.CIT(A) itself for proper adjudication of the issue. Hence, we dispose of this appeal by remitting the issue to the file of the Ld.CIT(A) to re-consider the same afresh upon providing opportunity of being heard to the assessee and also upon taking into consideration this particular additional evidence and any other evidence which the assessee may choose to file at the time of hearing of the matter and pass a reasoned order thereon.

In the result, assessee’s appeal is allowed for statistical purposes. , 541 to 543/Ind/2019 (Shri Bharat Singh & Ors.) - 4 -

The grounds of appeal as argued by the Ld. AR in 542 & 543/Ind/2019 are identical to that of the issue already been dealt with by us in ITA No.541/Ind/2019 (in case of Shri Satpal Singh) for A.Y. 2010-11 and in the absence of any changed circumstances the same shall apply mutatis mutandis. Hence, these grounds of appeal preferred by the assessee in ITA Nos. 529, 542 & 543/Ind/2019 are allowed for statistical purposes.

In the combined result, all captioned appeals of assessee are allowed for statistical purposes.