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| The Tax Publishers2020 TaxPub(DT) 4544 (Chd-Trib) INCOME TAX ACT, 1961
Section 2(14)
Where new evidence furnished by the assessee in the form of a certificate issued by the Land Revenue Officer, goes to the root of the matter and very relevant to decide the present controversy, however, the said certificate was not available either to AO or CIT(A), therefore, matter was remanded back to AO to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.
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Capital gains - Addition of sale of agricultural land as capital asset - Remand of matter -
AO received an AIR information that assessee had sold land along with his brother. Since the assessee had not responded to letter calling for information under section 133(6), AO initiated the proceedings under section 147 and issued the notice under section 148. Since there was no compliance, AO framed the assessment under section 144 of the Act and made the addition of sale of agriculture land as capital asset. However, CIT(A) sustained the addition made by AO. Assessee reiterated the submissions made before the authorities and also furnished an application for admission of additional evidence. Held: It appeared that the new evidence furnished by the assessee in the form a certificate issued by the Land Revenue Officer, goes to the root of the matter and very relevant to decide the present controversy. Therefore, in the interest of justice, the same was admitted. However, the said certificate was not available either to AO or CIT(A), therefore, matter was remanded back to AO to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.
REFERRED :
FAVOUR : Matter remanded.
A.Y. : 2013-14
IN THE ITAT, CHANDIGARH BENCH
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