2018 (5) TMI 1768

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....Kumar, AM: 1. By way of this appeal, the assessee appellant has challenged correctness of the order dated 23rd September, 2016, passed by the Learned CIT(A) in the matter of assessment under section 143(3) r.w.s 147 of the Income Tax Act, 1961 for the assessment year 2012-2013. 2. Grievance of the assessee, in substance is against learned CIT(A) upholding the additions of Rs. 30,58,775/- und....

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....ing Officer brushed aside the claim and proceeded to frame the assessment by adopting deemed sale consideration at Rs. 49,52,545/- . Aggrieved, assessee carried the matter in appeal but without any success. Learned CIT(A) confirmed the action of the Assessing Officer, and declined to interfere in the matter. The assessee is not satisfied and is in further appeal before us. 4. We have heard the ....

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....e settled legal position in the light of Hon'ble Calcutta High Court's judgment in the case of Sunil Kumar Agarwal Vs. CIT (GA No.3686/2013; judgement dated 13th March 2014) "even in a case where no such prayer is made by the assessee ...... the Assessing Officer, discharging a quasi judicial function has the bounden duty to act fairly and to give a fair treatment by giving him an option to follow....