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    <title>2015 (10) TMI 479 - ITAT BANGALORE</title>
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    <description>An appellate authority cannot enhance taxable income by reducing an allowance or deduction granted in assessment without issuing notice and giving a hearing under section 251(2); on that basis, the reduction of exemption under section 54F and the cut in construction cost were held unsustainable and the assessment was restored on those points. A ground that goes to the root of the correct year of chargeability of capital gains under a joint development agreement must be admitted and decided on merits, so the additional ground on the deemed transfer year was admitted and remitted for fresh adjudication.</description>
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      <link>https://www.taxtmi.com/caselaws?id=265204</link>
      <description>An appellate authority cannot enhance taxable income by reducing an allowance or deduction granted in assessment without issuing notice and giving a hearing under section 251(2); on that basis, the reduction of exemption under section 54F and the cut in construction cost were held unsustainable and the assessment was restored on those points. A ground that goes to the root of the correct year of chargeability of capital gains under a joint development agreement must be admitted and decided on merits, so the additional ground on the deemed transfer year was admitted and remitted for fresh adjudication.</description>
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