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TMI Blog2022 (3) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT(A) has disposed off the appeal without considering the merits of the evidences submitted. The assessee s submission that the consultant handled the assessment proceedings in an unprofessional manner also warrants consideration. Under these facts we feel it proper to restore back this matter to the file of AO for fresh decision after admitting the evidences which the assessee may like to bring on record. Appeal of the assessee is allowed for statistical purposes. - ITA No.101/Bang/2021 - - - Dated:- 7-3-2022 - Shri George George K, Judicial Member And Ms. Padmavathy S, Accountant Member For the Assessee : Shri Deepika, C.A For the Revenue : Smt. Priyadarshini Besaganni, Addl.CIT(DR) ORDER PER PADMAVATHY S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity of being heard. Further, the learned CIT(A) disregarded the valuation report submitted by the assessee. 6. Interest levied under section 234B of the Act The learned CIT(A) erred in upholding the levy of interest under section 234B of the Act. 7. Interest levied under section 234D of the Act The learned CIT(A) erred in upholding the levy of interest under section 234D of the Act. 8. Initiation of penalty proceedings tinder section 271(1)(c) of the Act The learned CIT(A) erred in law and facts in upholding initiation of penalty proceedings by the Assessing Officer under section 271(1)(c) read with section 274 of the Act. 9. Relief The Appellant prays that directions be given to gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unaware of the order passed by the CIT(A) until recovery proceedings were initiated against him and that bank account was freezed. The ld.AR also submitted assessee had under an impression that the CIT(A) has decided the appeal in favour of the assessee as no order was served on him. During the asst. proceedings in asst. year 2017-18, the assessee noticed that there is a demand appearing online for asst. year 2007-08. The assessee then wrote a letter to CIT(A) on 04/01/2020 enquiring the status of appeal and also asking for a copy of the order. The Ld AR further submitted that the assessee did not receive any reply from the CIT(A) inspite of several steps taken to obtain the copy of the order from the CIT(A) by sending mails and personally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the indexation, the assessee arrived at long term capital gain at ₹ 67,05,675/-. The assessee claimed exemption of the entire capital gain u/s 54F of the Act on the ground that the entire amount is invested in the purchase of residential house. The AO during the course of asst. called for full details of these transactions to confirm that the investment made is eligible for exemption u/s 54F. However, the assessee failed to produce any evidence to substantiate the claim and hence the exemption was disallowed by the AO. 9. Before the CIT(A), the assessee filed various details including valuation report of the building. The CIT(A) however, did not peruse any of the details submitted by the assessee and confirmed the disallowanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mptive basis is incorrect and the CIT(A) has disposed off the appeal without considering the merits of the evidences submitted. The assessee s submission that the consultant handled the assessment proceedings in an unprofessional manner also warrants consideration. 13. Under these facts as discussed above and in the interest of justice, we feel it proper to restore back this matter to the file of AO for fresh decision after admitting the evidences which the assessee may like to bring on record. We order accordingly. We set aside the order of CIT(A) and restore the matter back to the AO for fresh decision after allowing sufficient opportunity to the assessee. In view of this decision, we do not make any comment on the merit of the issue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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