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TMI Blog2013 (7) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... vs CIT [2001 (2) TMI 13 - SUPREME Court] wherein it has been held that in absence of proper opportunity of being heard, the order lacs sanctify. This is apparent from the fact that preliminary report was received by the AO on 26.12.2007 and he passes the assessment order on 27.12.2007. This, itself shows that the assessee did not get proper and adequate opportunity to rebut the preliminary valuation report. Since both the appeals, are founded on the factum of sale of property, while admiting the additional evidence, as filed by the assessee, alongwith the Affidavit and consequentially, in the interest of justice to both the sides, restore the issue of sale of property and its consequential effects to the file of the AO. - ITA No. 1430/M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CIT(A) on the above grounds be set aside and that of the AO be restored. 2. Mr. Winston Charles Fernandes expired on 28.09.2009. The legal heirs of the assessee, on this unfortunate event has filed revised Form no. 36 vide letter dated 05.11.2012 by bringing in the legal hair, Mr. Ralph Fernandes. 3. Since, the legal formalities, as arisen on the death of the assessee have been complied with, we peruse the instant appeals. 4. The issue pertains to the sale of property measuring 6,265 sq. mts. at Village Marol, Andheri (West) on Military Road. 5. The assessee, on sale of the property, having 1/6th share in the ownership of the plot, declared his share at Rs. 50.00 lacs and declared the capital gains at Nil. 6. Against this t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states, 1) Mr. Winston Charles Femandes had expired on 28th September, 2009. 2) An Appeal for Assessment Year 2005-06 No. 1771/Mum/2009 was filed with Income Tax Appellate Tribunal on 18-3-2009. 3) During the assessment stage as well as at the appeal stage, Mr. Winston Charles Fernandes was alive, but was not keeping good health due to old age. 4) In addition to the above problems, Mr. Winston Charles Femundes was involved in the litigation with the family members and due to which the papers were scattered at different levels and he could not give these papers to the Lower Authorities for deciding the case. 5) While submitting the papers, he could not produce the following papers because of his ill health, memory problem and fami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT(A) as evidence, and the documents filed now, as additional evidence, which we admit, having been accompanied with the Affidavit (supra), it would be in the interest of justice to refer case(s) to the file of the AO, who shall take into account all the documents, the assessee wants to rely upon as well as rebut the valuation done by the DVO. 11. The DR relying on the orders of the revenue authorities vehemently objected to the case be restored to the AO for fresh adjudication because, according to him, the CIT(A) has already taken note of the evidence that the assessee wished to rely upon. 12. We have heard the submissions made by the parties. The fact that the AO resorted to section 50C, it gave the assessee, reason to object to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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