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2019 (2) TMI 36

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..... /PUN/2017 - - - Dated:- 10-10-2018 - Shri D. Karunakara Rao, AM For the Appellant : Shri Kishor Phadke For the Respondent : Shri Rajesh Gawali ORDER PER D. KARUNAKARA RAO, AM : This is the appeal filed by assessee against the order of CIT(A)-9, Pune dated 02-05-2017 for the Assessment Year 2008-09. 2. Assessee raised the following grounds of appeal and the same are extracted as under : 1. The appellant contends that, the hearing of the appeal before the learned CIT(A) - 9, Pune could not be attended due to non-availability of related documents and confusions in communication. Appellant contends and prays that the appeal may please be restored to the file of the learned CIT(A) - 9, Pune for a fresh adjudic .....

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..... reement with the assessee and his family members on sale of land located at Plot No.18, Sector 6, Borhadewadi. The total consideration involved is ₹ 88,29,000/-. The land is ancestral property of the assessee and the assessee along with family members are the coowners. AO noticed that assessee received ₹ 33,32,250/- as his share towards the said land transaction. Neither the assessee nor the AR of the assessee attended before the AO. Eventually, the AO in his order u/s.144 r.w.s.147 of the Act made addition of ₹ 33,10,899/- as taxable under the head capital gains. Even before the CIT(A) too, there was none to represent the case of the assessee. Therefore, the CIT(A) dismissed the appeal of the assessee as not pressed . .....

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..... t for professional advice as to the future course of action. On being advised the appellant along with his family members filed an appeal before the CIT(A), Pune. However, due to some confusion and on account of non-availability of the requisite documents, the appellant's case got dismissed on an ex-parte basis again. The cases of the appellant's other family members are still pending before the learned CIT(A), wherein the CIT(A) has called for a remand report from the AO. D. Present Issue - The issue involved in the present appeal are as follows: Grant of deduction of appropriate indexed cost of Acquisition Grant of exemption u/s 54F of the ITA, 1961 Prayer - Considering the above the appellant conte .....

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