2020 (9) TMI 866

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....ring, in spite of specific prayer was made in the application u/s 154. Therefore, this order may kindly be set aside for passing fresh order after allowing opportunity to the appellant. 2. That, prejudice to be above, the ld. CIT(A) was not justified in not adjudicating upon each and every mistakes pointed out in the application u/s 154 on different grounds, but not accepting the same and rejected in mechanical manner, and also assuming wrong facts. Therefore, on this ground also the order passed may kindly be set aside and direct as necessary kindly be given for deciding the same, after allowing opportunity to the appellant. 3. That, it is further prayed that the issue raised in the application u/s 154 filed before the ld....

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..... (b) The AO has righty invoked provisions of section 50C and accordingly, addition of Rs. 10,54,000/- is sustained. Aggrieved by the decision of the ld. CIT(A), assessee filed an application u/s 154 dated. 07.06.2017 pointing out the legal mistake as also the factual mistake in his order. However, the ld. CIT(A) disposed the said application filed by the assessee. Against this order of the ld. CIT(A), the assessee preferred the present appeal before the ITAT on the grounds mentioned hereinabove. 6. Ground No. 1 raised by the assessee relates to challenging the order of the ld. CIT(A) in deciding the application of the assessee U/s 154 of the Act without providing opportunity of hearing. The ld. AR in this respect, relied upo....

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....ord and on this ground itself, the entire reassessment proceedings is illegal & bad in law. Factual Mistake (a) The assessee has purchased the land on 11.08.2008 (PB 8-15 of Paper Book-I). The cost of land to the assessee is Rs. 4,23,760/- (4,00,000+ 23,760). On this land assessee incurred expenditure of Rs. 90,000/- on account of levelling and kacchi boundary. Thus, the total cost of land to the assessee as on 31.03.2010 is Rs. 5,18,760/- (PB 7A of Paper Book-I). (b) This land was sold by assessee on 21.07.2010 for Rs. 7,25,000/- (PB 17-29 of Paper Book-I). However, for stamp duty purpose its value was assessed at Rs. 10,54,000/-(68*15,500) by taking the land rate at Rs. 15,500/- per bigha by considering it to be....

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....ed by the revenue authorities. Before we decide the merits of this ground raised by the assessee, it is necessary and imperative to evaluate the order passed by the ld. CIT(A) while disposing of application U/s 154 of the Act filed by the assessee. The order of the ld. CIT(A) is reproduced below: "3. I have gone through the application filed by the appellant and the material available on record. Since the materials on record have already been considered while adjudicating on the grounds of appeal mentioned in the rectification application, I find no reason to revisit the issues again." After having gone through the order passed by the ld. CIT(A) while disposing of the application of the assessee U/s 154 of the Act. We noticed th....