TMI Blog2024 (8) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of justice will be well-served if the assessee is given an opportunity to present his case before the Assessing Officer. In view of this, the impugned order of the AO is set aside and the matter is restored to the file of the AO for de novo assessment. Appeal of the assessee is treated as allowed for statistical purposes. - SHRI SANJAY GARG, JUDICIAL MEMBER AND RAJESH KUMAR, ACCOUNTANT MEMBER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of the JAO treating Agreement of development as Transfer' u/s 2(47) of the Act, whereas none of the condition thereof are applicable on the fact. 3. The Ld. CIT(A) NFAC erred in law as well as on facts to dismiss the appeal of the appellant without considering that the agreement for development did not materialized and was non est at the time of assessment. 4. That the appellate craves le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the developer. That due to this, the JDA did not mature and hence neither income was received nor accrued to the assessee for the year under consideration. 4. The ld. DR, on the other hand, has submitted that the above details/submissions were not produced before the Assessing Officer. 5. The ld. AR of the assessee however has submitted that there was no proper representation before the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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