9911796707
TMI Blog2022 (1) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... reflected in the assessment order, to clarify that the authority has applied the mind in the right perspective. It is discernable that the CIT (Appeals) though has issued notice, the same having been returned without due service of summons, as there was no other option, proceeded to pass ex-parte order. In such circumstances, in the interest of justice and equity, keeping in mind the principles of natural justice and in view of the CIT (Appeals) dismissing the appeal merely recording the observations made in paragraph No.6 of the assessment order sans independent application of mind, we are of the considered opinion that the said order calls for interference by this Court. Further, the finding of the Tribunal based on ex-parte order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 59,942/- as long term capital gains. Being aggrieved, the assessee preferred an appeal before the CIT (Appeals). The said appeal came to be dismissed ex-parte. Being aggrieved by the same, the assessee has preferred an appeal before the Tribunal unsuccessfully. Hence, this appeal. 3. The appeal was admitted by this Court to consider the following substantial questions of law:- (a) Whether on the facts and circumstances of the case, can the Tribunal ignore the documents furnished by the appellant in support of his claim with regard to the agreement to sell? (b) Whether the Tribunal was right in dismissing the appeal of the appellant only by considering and upholding the orders passed by the Authorities Below and without appreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the said transaction. Learned counsel submits that an opportunity, if provided to demonstrate by furnishing the correct valuation report, the same would be made available before the Assessing Officer along with other relevant documents/records. 5. Learned counsel for the Revenue justifying the impugned order submitted that the two points involved in this matter i.e., the cost of construction and the cost of acquisition of the properties involved have been mixed up by the assessee in order to evade the payment of tax under the capital gains. The authorities having rightly considered the value of the construction based on the available material, no purpose would be served in remanding the matter back to the Assessing Officer, as conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. Further, the finding of the Tribunal based on ex-parte order of the CIT (Appeals) also warrants interference. 8. Hence, we deem it appropriate to set aside the orders passed by the Tribunal as well as the CIT (Appeals) in order to provide one more opportunity to the assessee to putforth the material evidence inasmuch as the cost of construction and the valuation report as well as the additional expenses said to have been incurred towards new house, before the CIT (Appeals). 9. Accordingly, without answering the substantial questions of law raised by the assessee, we pass the following ORDER i) The order dated 08.09.2017 passed in ITA No.837/Bang/2017 by the Income Tax Appellate Tribunal, SMC-A Bench, Bangalore as w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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