2019 (2) TMI 36

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....ents and confusions in communication. Appellant contends and prays that the appeal may please be restored to the file of the learned CIT(A) - 9, Pune for a fresh adjudication. 2. Without prejudice to Ground No. 1, the learned CIT(A)-9, Pune erred in law and on facts by confirming the order of the learned AO wherein, the learned AO has incorrectly assumed Cost of Acquisition while deciding quantum of long term capital gains. In particular the learned AO erred by considering the fair market value of 01/04/1981 instead of the fair market value of the year 2000 when, appellant was finally granted land rights by the local authority. 3. Without prejudice to Ground No. 1 & 2, the learned CIT(A) as well as the learned AO erred in ....

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....l gains. Even before the CIT(A) too, there was none to represent the case of the assessee. Therefore, the CIT(A) dismissed the appeal of the assessee as 'not pressed'. 4. Before me, Ld. Counsel for the assessee filed an affidavit/note explaining the reasons for non-appearance before the lower authorities and made a submission for remanding the issue to the file of AO keeping all the issues open for the AO to make fresh assessment. Contents of the said note read as under : "A. Background of the Appellant - The appellant has received share in various inherited ancestral agricultural lands on which the appellant's ancestors had been carrying agricultural activities for past many years. The appellant is an individual and has ....

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.... * Grant of deduction of appropriate indexed cost of Acquisition * Grant of exemption u/s 54F of the ITA, 1961 Prayer - Considering the above the appellant contends that a lenient view may kindly be taken in the appellant's case since the appellant is a poor farmer and carrying agricultural activities for the past many years. Further, the appellant requests that the appellant's case may kindly be set aside to either the CIT(A) or the AO so that the various facts can be considered appropriately." 5. On the other hand, Ld. DR submitted for confirming the orders of the AO/CIT(A) considering the assessee's non-cooperation at the time of assessment/appellate proceedings. 6. On going through the facts of t....