2019 (2) TMI 362

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....Act, 1961 1. The CIT (A) failed to appreciate that the Appellant satisfied all conditions mentioned in section 54 of the Act, and hence, was entitled to exemption under section 54 of the Act. 2. In the alternative and without prejudice to the above, the CIT (A) failed to appreciate that the Appellant was entitled to exemption under section 54F of the Act. Therefore, the CIT (A) erred in confirming the order of the AU in taxing long term capital gains of Rs. 53,96,820/-. 3. The CIT (A) failed to appreciate that the AU did not allow the benefit of indexation despite assessing income as long term capital gains. II. Taxing notional rental income of Rs. 2,09,389/- 4. The CIT (A) failed to appreciate t....

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....nable opportunity was provided to the appellant before the CIT(A), thus not giving a reasonable opportunity of being heard. 2. The additional evidence have direct bearing on the issues involved in the present appeal relating to the Addition of Rs. 53,96,829/-. According to the Assessee, said amount represents the deduction denied on the long term capital gain. 3. The reason for not being able to provide the necessary documents before the AO, was primarily because the Assessee's health was not in a good condition and hence the assessee was unable to provide complete details with respect to the issue involved in the appeal. The Assessee has been suffering from uncontrolled diabetes which has led to the assessee facing mu....

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.... of the Assessee. 5. If the additional evidence is not so admitted, it may have the effect of assessing income of the assesse in excess by approximately Rs. 53 lakhs. The assesse does not have any active source of income and hence is not in a sound financial position. Therefore, the additional evidence may be admitted in the interest of justice. 6. The appellant submits that the Hon'ble Bench has been vested with the discretion to admit the additional evidence under Rule 29 of the Income Tax Rules, 1962. 7. The Appellant prays that your honors may be pleased to admit the additional evidence as evidence goes to the root of the issues. It is therefore, respectfully submitted that the aforesaid additional evidenc....

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....e touch stone of the Hon'ble Apex Court decision in the case of Goetze (India) Ltd. (supra) is not sustainable, as the Hon'ble Apex Court in the said case has held that the said decision would not impinge upon the Income Tax Appellate Tribunal's jurisdiction to admit additional/fresh claims/grounds. Accordingly, we direct that this claim of the assessee should be considered. 9. Furthermore, we note that while canvassing this appeal, the assessee has filed the additional evidences to counter the A.O.'s finding that the assessee is owned more than one flat. These additional evidences were not submitted before the authorities below. As a matter of fact, it is the plea of the assessee that no opportunity in this regard was granted by the A.O....