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TMI Blog2019 (3) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... of one of the co-owners has not made any addition on account of capital gain and since it is not known as to what has happened in the case of other co-owners, therefore, I deem it proper to restore the issue to the file of the AO with a direction to adjudicate the issue afresh, after giving due opportunity of being heard to the assessee. The Assessing Officer shall decide the issue as per fact and law. Thus hold accordingly. Grounds raised by the assessee are accordingly allowed for statistical purposes. - ITA No.3477 & 3478/Del/2018 - - - Dated:- 15-3-2019 - Shri R.K. Panda, Accountant Member For the Assessee : Shri Pramod Jain, CA For the Revenue : Shri Amit Jain, Sr.DR ORDER The above two appeals by the assessee ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reassessment proceedings. However, the ld.CIT(A) dismissed both the grounds and decided the appeal against the assessee. 4. Aggrieved with such order of the CIT(A), the assessee is in appeal by raising the following grounds:- 1. That the order of Ld. AO and Ld. CIT(A) is bad in Law and against the facts and circumstances of the case. 2. That the Ld. AO erred in invoking the provisions of section 148. 3. That Ld. AO erred in not issuing the notices at correct address of the Appellant which makes the assessment null and void. 4. That none of the notices u/s 148 or notices u/s 142(1) was served on the assesse. 5. That Ld. CIT(A) erred in ignoring the fact that Ld. AO has make an addition without application of mind. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds raised by the assessee are accordingly allowed for statistical purposes. ITA No.3478/Del/2018 6. The assessee in his grounds of appeal has challenged the order of the CIT(A) in confirming the levy of penalty of ₹ 2,88,955/- u/s 271(1)(c) of the IT Act. After hearing both the sides and considering the fact that the quantum appeal has been set aside to the file of the Assessing Officer as per the findings given in the preceding paragraphs, the penalty levied by the Assessing Officer is not sustainable, therefore, the penalty so levied by the Assessing Officer and sustained by the CIT(A) is deleted. However, the Assessing Officer is at liberty to initiate fresh penalty proceedings after completing the assessment. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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