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TMI Blog2016 (7) TMI 1635X X X X Extracts X X X X X X X X Extracts X X X X ..... s order shall apply for all the appeals preferred before us herein. Therefore, in effect, all these appeals are set aside to the file of the CIT (A) for further adjudication. - ITA No. 1369/Hyd/2015, 1370/Hyd/2015, 1371/Hyd/2015, 1372/Hyd/2015, 1373/Hyd/2015, 1374/Hyd/2015, 1375/Hyd/2015, 1376/Hyd/2015, 1377/Hyd/2015 (A.Y. 2009-10) - - - Dated:- 1-7-2016 - Shri B. Ramakotaiah, Accountant Member Shri Partha Sarathi Chaudhuri, Judicial Member For Assessee: Shri . Murali Mohan Rao For Revenue: Shri R.B. Naik, DR O R D E R Per Bench: These batch of appeals are preferred by the above assessees against the separate but similar orders of the learned CIT (A)VII Hyderabad, dated 13.06.2014 for the relevant A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which read as under: 5. Under the circumstances stated above, I hereby set aside the assessment order passed by the AO u/s 143(3) r.w.s. 153C for the year 2009-10 dated 26.12.2011 with a direction to examine the entire issue of capital gains on the sale of land by the assessee and computation of capital gain should be made after making necessary verification of the above issues. AO while redoing the assessment may consider the explanation of the assessee filed during the revision proceedings on merit. Needless to say, an opportunity should be given to the assessee before re-doing the assessments as per directions above . 4. The learned CIT (A) was of the opinion that Section 263 and particularly the wording of explanation (C) to sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 263 of the I.T. Act in the case of Smt. Indrani Prasad placed at page 80 of the paper book is reproduced hereunder wherein similar observations have been made by the respective Assessing Officers in the case of other assessee s also. 04. Further, it is noticed that the capital gains arising out of transfer of 10.08 acres (which was erroneously mentioned as 10.8 acres in the correspondence held with the assessee including the order u/s 263) + 3 acres of land at survey no. 172, Hyder Nagar of which the assessee is the actual legal owner. Also by virtue of the agreement of sale cum GPA entered into by the assessee with eight assignees who were co-owners of the land at Survey No. 78, Hafeezpet, assessee is the owner of this land too; Since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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