9911796707
TMI Blog2022 (6) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... on a consideration of the material available on record that the issue on facts needs to be addressed. Parties were required to argue whether the remand be made to the AO or the CIT(A). Both the parties agreed that the remand be made to the AO. Accordingly, on a consideration of the facts, circumstances and submissions of the parties before the Bench, it is deemed appropriate to set aside the impugned orders and restore the issues back to the file of the AO to ascertain the status of the, and which was sold and then decide the issue in accordance with law after giving the assessee a reasonable opportunity of being heard. The assessee in its own interests is directed to ensure full and proper participation before the AO and not abuse the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee's case was reopened u/s. 147 of the Act on account of the fact that he had failed to furnish the source of cash deposits of Rs. 30 lacs made in his Saving Bank Account maintained with State Bank of India, Kurukshetra. The assessee as per record is said to have stated that the only source of income was agriculture income and that the amount was deposited from the sale proceeds of agricultural land and agriculture produce out of agricultural activity. The specific piece of land was stated to have been sold alongwith his brother and the amount was said to have been accruing from the said sale and some of savings from the earlier years. These facts are found recorded at page 2 of the assessment order and further recorded at page ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty and the land was purchased in the name of the wife as the stamp duty to be paid for women was much less and since his wife was also a co-parcener, hence the claim may be allowed. However, the said claim was dismissed by the CIT(A). 4. Aggrieved, the assessee is in appeal before the ITAT. 5. The Ld. AR reiterates his submissions on facts. He filed a copy of the 'Jamabandi' and copy of the Purchase Deed vide pages 1 to 8 and 9 to 11 for the respective period. It was also his submission that these documents were available before the CIT(A) and the AO, however, they failed to consider or discuss them. It was also his submission that there is no finding on record about the status of the land whether it is HUF or not. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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