9911796707
TMI Blog2017 (1) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... vit affirming the reasons mentioned in the petition. In the petition, the assessee, inter-alia, stated that he is aged about 90 years and due to ill health, he was unable to file the appeal within the stipulated time as he is completely depended on his son, therefore, the reasons are beyond the control of the assessee and is not intentional. He, therefore, submitted that the delay may be condoned and admitted and the appeal for hearing. 3. After perusing the reasons submitted for delay in filing the appeal, we are of the view that assessee is prevented by sufficient reasons to file the appeal belatedly, therefore, the delay is condoned and admitted the appeal for hearing and adjudication. 4. The brief facts of the case are, information wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the concerned Assessing Officer. In response ITO, ward 6(1), Hyderabad vide letter Dt. 14.07.2014 submitted as follows: "In connection with submission of remand report in the case of the above mentioned assessee and for verification and examination of assessee's claim made before CIT(Appeals)-IV, Hyderabad, the above assessee are afforded an opportunity of being heard and the letter issued to the above assessee is returned unserved. However, on perusal of the copy of sale deed bearing doc. No. 22/3/2005, it is evident that the subject property sold is HUF property and not individual property. Further, the assessment were made in the above cases u/s 144 of the IT Act, 1961 by assessing income treating the transactions one of purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such information was not available. The assessee further contended that the land was transferred by way of a development agreement to Vasavi Constructions who constructed the building but did not handover the constructed area to the assessee. Thus he submitted that what was transferred is only terrace rights and not the vacant land. It was also contended that the Assessing Officer is not correct in adopting the value fixed by the sub registrar without applying the provisions of section 50C(2). 5.2 After considering the submissions of the assessee as well as the remand report of the AO, the CIT(A) allowed the appeal of the assessee for statistical purposes by observing as under: "4.4 I have carefully considered the assessment order, the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned transaction and that no capital gain arose to the assessee. 3. The learned Commissioner of Income-Tax (Appeals) ought not to have directed the Assessing officer to take action in the case of HUF particularly when no income escaped assessment even in the assessment of the HUF. 4. The learned Commissioner of Income-Tax (Appeals) ought to have held that no capital gain arose to the assessee. 5. The learned Commissioner of Income-Tax (Appeals) ought to have held that the consideration and the cost of acquisition were not correctly adopted by the Assessing Officer. 6. The learned Commissioner of Income-Tax (Appeals) ought to have seen that the direction to assess the income in another case cannot be given by the appellate au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e find that the facts of this case are different as the Hon'ble Patna High Court held that the appeal, reference or revision or any other proceedings before a court must relate to the assessee in question and not any direction or assessment made in appeal, reference, or revision in the case of any other assessee or in a proceeding in which the assessee in question is not a party. This decision was held in the context of reassessment made pursuant to a direction of the settlement commission and the above observation is not obiter dicta as the issue therein was limitation period only. 9.2 We have noticed that the CIT(A) has given direction according to the facts of the case and in consequence of CIT(A)'s order there is no liability or case p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
