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TMI Blog2019 (2) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the issues in dispute before us, to the file of the Ld. CIT(A) with the directions to decide the same afresh alongwith ground no. 3 raised before the Ld. CIT(A), which is reproduced above under para no. 5 of this order and accordingly pass a speaking order thereon, after considering all the aforesaid documentary evidences and give adequate opportunity of being heard to the assessee. - Appeal filed by the Assessee stands allowed for statistical purpose. - ITA No. 6822/Del/2018 - - - Dated:- 31-1-2019 - SHRI H.S. SIDHU, JUDICIAL MEMBE AND SHRI L.P. SAHU, ACCOUNTANT MEMBER For The Assessee : SH. KRISHAN KANT, ADV. For The Department : SH. SUNRENDER PAL, SR. DR. ORDER PER H.S. SIDHU, JM This appeal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim before the revenue authorities availing sufficient opportunity which has not been properly considered by them. In support of his contention, he filed the Paper Book containing pages 1-314 in which he has attached the copy of written submission/ arguments; Minutes of AGM of share holder of Parag Shilpa Investments Ltd. held on 14.7.2012; Statement of Bank of United Bank of India; Statement of HDFC Bank; Bank of Baroda Statement; Resolution of Parag Shilpa of allotting shares by the Board of Directions in the meeting held on 23.7.2012; share certificate of allotment of 1250000 shares; annual return f 2012-13 of Parag Shilpa; list of the share of company Parag Shilpa as on 30.9.2013 (date of AGM of 2012-13) relevant page showing the nam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons in dispute are bogus. He also draw our attention towards grounds of appeal raised before Ld. CIT(A) which is attached with Form No. 35 as well as the non-adjudicating the ground no. 3 regarding non-furnishing the documentary evidence used against the assessee as well as non providing of opportunity of examination and cross examination of the witnesses namely Sh. Raj Kumar Kedia and Soma Choudhary. He also draw our attention at page no. 220-232 i.e. Application dated 22.12.2017 filed before the AO wherein the assessee has specifically requested for supply of statement of witnesses as well as for cross examination of them. In view of above, he submitted that the issue in dispute is squarely covered in favour of the assessee by the ITAT, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the parties and the Paper Book filed by the Assessee containing pages 1-315, as discussed above, in which various documentary evidences for substantiating the claim of the assessee were filed. But we find that Ld. counsel of the assessee has advanced the argument on the limited issue i.e. non-adjudication of legal ground no. 3 raised before the Ld. CIT(A). For the sake of convenience, the grounds raised before the Ld. CIT(A) by the assessee are reproduced as under:- 1. That on the facts of the case and in law, the assessing officer erred in denying benefit of exemption under section 10(38) of the Act in respect of long term capital gain derived on the sale of shares PSIT Infrastructure Pvt. Ltd. The assessment framed is based on su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s well as grounds raised before the Tribunal as reproduced under para 1 of this order, we find that that the Assessee has not raised any legal ground before us in the present appeal i.e. alleged evidence collected at the back of the assessee and not providing opportunity to examine and cross examine the witnesses and the same was only raised before the Ld. CIT(A), who did not adjudicate the same, which is against the settled law. Therefore, in the interest of justice, we are of the considered view that Ld. CIT(A) has not adjudicated the legal ground no. 3 raised before him, which is very essential to adjudicate upon. Hence, we are setting aside the issues in dispute before us, to the file of the Ld. CIT(A) with the directions to decide th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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