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TMI Blog2017 (3) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... d the contention of the assessee from Mr. Samar Roy Chowdhury which they failed to do so. Therefore in the interest of Justice and fair play we’re inclined to give one more opportunity to the assessee to submit his arguments with documentary evidence to justify his claim. Hence we restore this ground of appeal of the assessee to the AO for fresh adjudication in accordance with the law and in the light of above is stated discussion. - Decided n favor of assessee for statistical purposes. - I .T.A. No.918/Kol /2015 - - - Dated:- 3-3-2017 - Shri Waseem Ahmed, Accountant Member and Shri S.S.Viswanethra Ravi, Judicial Member For The Appellant : Shri S.M.Surana, Advocate For The Respondent : Shri Rajendra Prasad, JCIT ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owdhury 8.58% 2,50,000.00 4. Smt. Chhanda Roy Chowdhury 76.26% 9,00,000.00 However the AO during assessment proceedings discovered that there is 6 storied building on such land consisting of 25 flats and 20 shops which was not shown at the time of registry of the land. The registry was made by the aforesaid joint owners by showing the impugned property as vacant land. As the assessee along with other joint owners and purchasers of the impugned property has committed fraud on the Government Revenue therefore FIR was filed by additional district sub registrar against all the persons. Finally the property was valued for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the building exclusively belongs to Mr. Samar Roy Chowdhury. Therefore the assessee is liable to pay the capital gain arising out of the transfer of sale of land. However the learned CIT-A expressed his unwillingness to accept the argument of the assessee and confirmed the order of AO by observing as under : 4.5 Assessee and his family members in connivance with each other had tried to defraud the State Government from the legitimate stamp duty. as well as LT. Department by not explaining the source of investment, as well as not paying legitimate tax. After being caught by the Registering Authority regarding non-disclosure of the building on land, while registering the assessee and his family members have come up with the plea of nom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of partnership between the developer and Mr. Samar Roy Chowdhury which is placed on pages 22 to 29 of the paper book. The learned AR before us prayed to restore the matter to the file of AO for fresh adjudication as many aspects of the case have not been considered by the lower authorities. On the contrary the learned AR raised no objection if the matter is leased order to the AO. 6. We have heard the rival contentions and perused the materials available on record. The issue in the instant case relates to the sale of land but the lower authorities have held that the land was sold along with the building. The learned AR claimed that the assessee in the instant case is the owner of the land only and he has no connection with the buildi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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