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2019 (6) TMI 345

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..... wards - HELD THAT:- There is no dispute that the assessee has invested the full sale consideration received on the sale of jewellery in the purchase of the plot of land. It is also not in dispute that before the lower authorities the assessee could not adduce any evidence. The certificate from municipal corporation, Moradabad has been furnished for the first time. In the interest of justice restor .....

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..... PER: N. K. BILLAIYA, AM This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals], Moradabad, dated 30.08.2017 for Assessment Year 2014-15. 2. The only grievance of the assessee is that the CIT(A) erred in confirming the addition made by the Assessing Officer on account of long term capital gain on sale .....

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..... terated. The CIT(A) dismissed the appeal of the assessee by observing that there was no corroborative evidence of construction/ completion of a house to prove the bonafide intention of construction and without proof the benefit of section 54F cannot be given. 6. Before me the counsel for the assessee stated that cost of investment in land is also eligible for the benefit of section .....

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..... plot of land. It is also not in dispute that before the lower authorities the assessee could not adduce any evidence. The certificate from municipal corporation, Moradabad has been furnished for the first time. In the interest of justice I restore this issue to the files of the Assessing Officer. The Assessing Officer is directed to verify the certificate of construction issued by M .....

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