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TMI Blog2020 (10) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunity of being heard to the assessee and also by considering the new evidence, now furnished by the assessee. - ITA NO.20/Chd/2020 - - - Dated:- 6-10-2020 - SHRI. N.K.SAINI, VP And SHRI. R.L. NEGI, JM Assessee by : Shri Parikshit Aggarwal, C.A Revenue by : Shri Lalit Bishnoi, JCIT ORDER PER N.K. SAINI, VICE PRESIDENT This is an appeal by the Assessee against the order dt. 05/11/2019 of the Ld. CIT(A)-2, Chandigarh. 2. Following Grounds have been raised in this appeal: 1. That on the facts, circumstances and legal position of the case, the Worthy CIT(A) in Appeal No. 10478/2/17-18 has erred in passing that order in contravention of the provisions of S. 250(6) of the Income Tax Act, 1961. 2. That on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible deductions u/s 54B/54F from assessed Long Term Capital gains. 8. That the appellant craves leave for any addition, deletion or amendment in the grounds of appeal on or before the disposal of the same. 3. The main grievance of the assessee in this appeal relates to the sustenance of addition of ₹ 1,86,81,250/- made by the A.O. by holding the sale of agriculture land as capital asset. The assessee also filed an application dt. 10/08/2020 under Rule 29 of ITAT Rules, 1963 for admission of additional evidence. 4. The facts of the case in brief are that the A.O. received an AIR information that the assessee has sold land measuring 8 Kanals 6 Marlas in village Balongi alongwith his brother for a consideration of ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Ld.AO to provide the necessary relief to the appellant assessee. 6. However the Ld. CIT(A) was not satisfied from the aforesaid submissions of the assessee and sustained the addition made by the A.O. 7. Now the assessee is in appeal. 8. Ld. Counsel for the assessee reiterated the submissions made before the authorities below and also furnished an application dt. 10/08/2020 for admission of the additional evidence by stating therein as under: Sub: Prayer for admittance of additional evidence u.r. 29 of IT AT Rules, 1963 in ITA No. 20/Chandi/2020 in the case of Sh. Piara Singh, for A.Y. 2013-14 fixed for hearing on 18.08.2020. Hon'ble Bench, The appeal in the case of appellant above cited is listed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. In his rival submissions, the Ld. Sr. DR opposed the admission of the additional evidence and submitted that the ample opportunities were given by the A.O. as well as the Ld. CIT(A) therefore the evidence now furnished by the assessee may not be admitted. He reiterated the observation made by the authorities below and strongly supported the impugned order passed by the Ld. CIT(A). 10. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case it appears that the new evidence furnished by the assessee vide application dt. 10/08/2020, in the form a certificate issued by the Land Revenue Officer, goes to the root of the matter and very relevant to decide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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