Appeal allowed for property assessment in rural area, condoning delay and permitting revised grounds.

The appeal was allowed, remanding the issue back to the AO for proper verification and determination of the DLC rates applicable to the property sold in the undeveloped rural area, ensuring substantial justice and correctness in the assessment process. The delay in filing the appeal was condoned due to bonafide reasons provided by the assessee, acknowledging the mistake made due to incorrect advice. The substitution of original grounds with revised grounds was permitted as the department had no objection, and the revised grounds did not introduce new arguments.

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Issues:
1. Delay in filing the appeal and condonation of delay.
2. Substitution of original grounds with revised grounds.
3. Dispute regarding the application of DLC rates for long term capital gain calculation.

Issue 1: Delay in filing the appeal and condonation of delay
The appeal was filed by the assessee challenging the order dated 07.08.2018 of CIT(A) Rohtak for the 2012-13 assessment year. The Registry pointed out a delay of 210 days in filing the appeal. The assessee explained that the delay was due to ignorance and incorrect advice, leading them to file a Civil Writ Petition instead of approaching the ITAT. The Hon'ble High Court disposed of the writ petition on 25.03.2019, allowing the assessee to appeal before the ITAT. The delay was condoned based on the bonafide reasons provided by the assessee, acknowledging the mistake made due to incorrect advice. The delay condonation was granted considering the peculiar facts and circumstances of the case.

Issue 2: Substitution of original grounds with revised grounds
The revised grounds filed before the ITAT sought substitution of the original grounds raised by the assessee. The department had no objection to the substitution as the revised grounds did not introduce any new arguments. The Co-ordinate Bench directed the revision of the original grounds due to being argumentative. The revised grounds were permitted for substitution as per the department's no objection.

Issue 3: Dispute regarding the application of DLC rates for long term capital gain calculation
The assessee raised concerns regarding the application of DLC rates for long term capital gain calculation. The dispute arose from confusion about the exact location of the property sold, impacting the stamp duty rates applied. The assessee argued that the property was in an undeveloped rural area, affecting the calculation of long term capital gain. The request was made for a physical verification of the property's location to determine the correct rate applicable. The issue was remanded back to the AO for verification and determination of the applicable DLC rates based on the property's specific location at the relevant time. The Revenue had no objection to the remand, and the impugned order was set aside for proper verification of facts.

In conclusion, the appeal was allowed to the extent of remanding the issue back to the AO for proper verification and determination of the DLC rates applicable to the property sold in the undeveloped rural area, ensuring substantial justice and correctness in the assessment process.

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