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TMI Blog2024 (6) TMI 1227X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee as evident from Form 35 is totally different from the grounds of appeal adjudicated by the Ld. CIT(A) which is mentioned at para 3 of the appellate order. Hence, the Ld. CIT(A) has dismissed the appeal of the appellant on the facts and grounds of appeal of some other case and not on the facts and grounds of appellant s case. Therefore, the order of Ld. CIT(A) is liable to be set aside at the threshold because it has not been passed as per the mandate of section 250(6) of the Act. Points for determination considered by him are totally different from the points for determination and the grounds of appeal taken up by the assessee. Since the appeal has been decided not on the facts and ground of the appellant but on some other case, we set-aside the order of the Ld. CIT(A) and remit the matter back to the file of the Ld. CIT(A) for passing fresh order in accordance with law after giving reasonable opportunity of hearing to the assessee. The list of the appealable orders is provided in section 253 of the Act and an order u/s 250 passed by the Ld. CIT(A) is an appealable order. In the present case, the order passed by the Ld. CIT(A) does not deal with the facts and grounds of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eadings and submission made by appellant. Appellant prays for quashing the assessment order so passed as the whole of the proceeding u/s 147/148 of the Act is invalid and bad in law ab initio. 3. That on the facts and in the circumstances of case as well as in law Ld.CIT(A)(NFAC) has erred in dismissing the appeal of the appellant and thereby sustaining the addition of deemed income of Rs. 40,55,236/- u/s 56(2)(vii)(b) of the Act, without considering the pleadings and submission of appellant. The addition made by ld. AO is grossly wrong and unjustified on facts as well as in law and is contrary to the provisions of law. The ld.CIT(A) has also erred in not considering Valuation Report issued by DVO as per direction of ld.AO. 4. Without prejudice to above ground of appeal no. 3 , the appellant prays that if any portion of the above addition u/s 56(2)Ivii)(b) is sustained, then same be directed to be allowed as cost of these shops as per provision of Section 49(4) of the Act in A.Y 2016-17 in which these shops have been sold and consequently Short Term Capital Gain from sale of these shops as computed by the appellant in A.Y 2016-17 be reduced by the addition so sustained. 5. That on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn by the individual shall be chargeable to tax under the head income from other sources . Therefore, the difference between Rs. 35,77,618/- and Rs. 15,50,000/- i.e. Rs. 20,27,618/- was treated as income from other sources. Since two shops were there, the impugned addition was proposed at Rs. 40,55,236/-. In response to the show-cause notice on the impugned issue, the assessee filed reply on 26.10.2018. The assessee stated that the properties were purchased by paying booking money in February, 2011 and therefore valuation of the property in February, 2011 has been adopted. The assessee further stated that stamp duty value adopted is very high and requested for reference of the said property to DVO to determine fair market value. The Assessing Officer acceded to the request of the assessee and referred the matter to the Valuation Officer. Since the report of the Valuation Officer was not received before the time barring date, the Assessing Officer adopted the value of the stamp valuation authority and added Rs. 40,55,236/- u/s 56(2)(vii)(b)(ii) of the Act. 5. The Assessing Officer also found that there are credit and deposit of Rs. 56,20,544/- in the bank account of the assessee. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndate of section 250(6) of the Act. As per Section 250(6) of the Act order of the Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decisions . Thus, Section 250(6) ordains the appellate order passed by the Commissioner (Appeals) must be in writing and state the points for determination, the decision thereon and the reasons for the decision. It is seen from the order of the Ld. CIT(A) that the points for determination considered by him are totally different from the points for determination and the grounds of appeal taken up by the assessee. Since the appeal has been decided not on the facts and ground of the appellant but on some other case, we set-aside the order of the Ld. CIT(A) and remit the matter back to the file of the Ld. CIT(A) for passing fresh order in accordance with law after giving reasonable opportunity of hearing to the assessee. The Ld. CIT(A) should consider all the materials which have been furnished before him and he may also call for additional information and explanation from the assessee as deemed fit. The assessee is also directed furnish all the deta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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