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TMI Blog2019 (3) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessing officer. The assessee produced the valuation report and some other documents at appellate stage, on which, Learned CIT(A), called for the remand report. A.O. as well as the CIT(A) have given sufficient opportunity of being heard to the assessee. Therefore, there is no merit in the contention of Learned Counsel for the Assessee that no proper opportunity have been granted to the assessee at any stage. Assessee submitted that the CIT(A) should have admitted the additional evidence. At this stage also, Assessee filed copy of the Certificate of Architects dated 4th February, 2019 and some bills of building material, which are not attested and no application have been filed for admission of the additional evidence. No reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable to be quashed. 2. The CIT(A) has erred in law and on facts in upholding the additions of ₹ 20,59,064/-. 3. That Ld.CIT(A) and Ld. A.O. has erred in law and on facts by not considering the claim of the appellant for Exemption u/s.54F of the Income Tax act, 1961. 4. The Ld.CIT(A) has erred in law and on facts not considering the appellant plea that sufficient opportunities not provided by the Ld. A.O. 2. Briefly the facts of the case are that as per information available on record, assessee has not filed return of income for the assessment year 2010-2011. The assessing officer, after recording reasons initiated reassessment proceedings. Notice under section 148 was issued on 20th March, 2015. In response theret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee challenge the addition before the Learned CIT(A) and also requested for admission of the additional evidence. The assessing officer sent remand report at the appellate stage, which is produced in the appellate order. The assessing officer, in the remand report mentioned that sufficient opportunity of being heard have been granted to the assessee at the assessment stage and that assessee furnished valuation report of construction of residential house which is prepared by the valuer on 9th February, 2018. During the assessment proceedings, assessee simply stated that the funds received against sale of the land were utilised in the construction of residential house. The assessing officer asked the assessee to produce relevant bills and vouc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ival submissions, I am of the view that no interference is called for in the matter. The Learned Departmental Representative was directed to produce record. The Learned Departmental Representative produced the record. Learned Counsel for the Assessee also filed copy of the remand report filed by Assessing Officer before Learned CIT(A). The Order sheet of the assessing officer shows that A.O. had taken-up the assessment proceedings in March 2015 and thereafter, has taken-up the proceedings several times in April 2015 May 2015, July 2015, September 2015, October 2015, November 2015, December 2015, and January 2016, but, none of the statutory notices have been responded by the assessee. The assessee appeared at the later stage of the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Counsel for the Assessee to entertain these documents is, therefore, rejected. During the course of arguments Learned Counsel for the Assessee did not point out any error in the Orders of the authorities below that the land sold by the assessee was not capital asset. The assessee also failed to prove that sale proceeds were invested in residential house within the time prescribed under the Law. Therefore, assessee failed to substantiate any of the grounds raised in the present appeal. In the absence of any evidence or material or any submissions in respect of Grounds of Appeal, the appeal of assessee has no merit and the same is accordingly dismissed. 5. In the result appeal of Assessee dismissed. Order pronounced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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