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TMI Blog2021 (7) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... the submissions of the parties before the Bench and on considering the facts, the request for verification of facts appears to be reasonable and thus, in the interests of substantial justice, the impugned order is set aside and the issue is restored back to the file of the AO with a direction to pass a speaking order in accordance with law after carrying out the necessary verification on facts. The assessee in its own interests is directed to ensure full and proper verification before the authorities. - ITA No. 827/CHD/2019 - - - Dated:- 25-6-2021 - Diva Singh , Member ( J ) For the Appellant : Nikhil Goyal, C.A. and Ashok Goyal For the Respondents : Ashok Khanna, Addl. CIT ORDER The present appeal has been filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. (Copy of the same is available at pages 49 to 52). It is seen that the assessee's CWP was disposed of by the Hon'ble High Court vide order dated 25.03.2019 holding as under: 2. After arguing for sometime, the petitioner, who appears in-person states that he may be allowed to withdraw the present writ petition with liberty to take recourse to the alternative remedies as are available to him, in accordance with law. It was not disputed that the order dated 07th August, 2018 (Annexure P-23), passed by the Commissioner of Income Tax (Appeals) [in short 'the CIT(A)'] is appealable before the Income Tax Appellate Tribunal (ITAT) under the provisions of Income Tax Act, 1961 (in short 'the Act'). 3. Dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to file his affidavit on the stamp paper in support of his earlier unstamped affidavit for condonation of delay dated 24.05.2019. Hence, the present affidavit. Therefore, it is requested to allow the accompanied application by condoning a delay of 210 days upto date in filing the appeal in the interest of justice. (emphasis supplied) 4.2. Accordingly, in the aforementioned peculiar facts and circumstances, it is seen that the assessee has proceeded on an incorrect advice of a professional and approached the Hon'ble Punjab Haryana High Court for a remedy which was statutorily available under the Income Tax Act. These submissions on an affidavit fully supports the argument that the assessee's action has been bonafide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying DLC rate applicable to the 2 S.T.R., Municipal area, New Mandi Gharsana instead of undeveloped rural area of village 2 STR within the jurisdiction of Gram Panchayat 17 M.D., Tehsil Gharsana, District Sri Ganganagar, Rajasthan and without calling the valuation report or market rate reports as on the date of transaction. 3. That further Learned CIT(A) has gravely erred ir declining the valuation report dated 29.12.2017 prepared as on 27.12.2011 submitted as additional evidence under rule 46A of the I. Tax Rules, 1962 and accepting the report of Assistant Valuation Officer, Income Tax Department, Jodhpur (Raj.) which has been prepared by including the valuation of building raised by the buyer after the year 2011. 6. The ld. Sr.D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rea on which urban rates were applicable and one was an area which was undeveloped rural area within the jurisdiction of Gram Panchayat, 17 MD, Tehsil Gharsana where rural rates were applicable. The assessee being a seller was unaffected by the Stamp Duty incurred for the purchase of the property as the Stamp Duty costs were borne and are to be borne by the buyer. The property sold was in undeveloped rural area. It was agreed that it is a fact that the buyer has raised no dispute on the DLC rates. However, as far as the assessee is concerned, he is impacted by the rates on account of the fact that the calculation for his Long Term Capital Gain etc. takes this aspect into consideration. Thus, the issue has been raised by him right from the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anna, Sr. DR appearing on behalf of the Revenue on consideration of the record had no objection to the request of remand back to the AO. 11. It is seen that the assessee has also raised ground No. 3 assailing the rejection of the fresh evidence sought to be raised before the CIT(A), however, it is noticed that he has chosen not to argue this and on query has confined his arguments only to the issue being remanded back to the AO for determining whether the specific property sold was to be governed by the DLC Rates applicable to rural undeveloped area or the DLC rates applicable to an urban area. It is seen that no objection has been posed by the Revenue for enquiry and verification on facts, accordingly, in the light of the submissions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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