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TMI Blog2023 (3) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... s of appeal by assessee are allowed for statistical purpose. - ITA Nos.182 & 183/SRT/2019 - - - Dated:- 21-3-2023 - Shri Pawan Singh, Judicial Member For the Assessee : Shri P.M. Jagasheth, C.A For the Revenue : Shri Vinod Kumar, Sr-DR ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH JUDICIAL MEMBER; 1. These two appeals by different assessee are directed against the separate orders of ld. Commissioner of Income Tax (Appeals)-Valsad [for short to as Ld.CIT(A) ] all dated 08.01.2019 for same assessment year i.e. (AY) 2009-10, which in turn arise out separate assessment orders passed by Income Tax Officer, Daman Ward, Daman / Assessing Officer under section 143(3) r.w.s. 147 of the Income Tax Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer to consider the value of land and also directed to recompute the LTCG on the basis of FMV of land as per DVO s report. 5. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer and directed to the AO in recalculating addition of Rs.8,25,575/- on account of long term capital gain. 6. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in initiating penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961. 7. On the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urnished his explanation. Thus, in such circumstances it will be appropriate to restore the matter to the file of assessing officer. The ld AR for the assessee undertakes on behalf of the assessee to be more vigilant in future in making compliance and attending the hearing before the lower authorities. 3. On the other hand, the ld Senior Departmental representative (Sr DR) for the Revenue submits that the assessee was given ample opportunities by ld CIT(A) before passing of impugned order. The Ld. CIT(A) finally dismissed the appeal of assessee after considering the material available on merit. 4. I have considered the submission of both the parties. I find that case of assessee was reopened under section 147 on the basis of informati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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