2023 (11) TMI 388

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....he assessee has raised the following grounds of appeal : "1. On the facts and the circumstances of the case and in law, Learned Assessing Off erred in passing ex-parte order and also erred in not adjudicating the issue on merit, this action is being violative of principal of natural justice. Your appellant prays for granting opportunity of hearing before lower authorities. Without prejudice to the above grounds of appeal, following grounds are also taken on merit: 2. On the facts and in the circumstances of the case and in law the Learned Assessing Officer erred in adopting the valuation as per provision of sec 50C without referring the matter to the DVO this being in violation of provisions of section 50C2 such a....

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....21,09,500 as capital gain of the assessee without realizing the fact that assessee has receive only part of the consideration and due to dispute the transaction is not yet complete, so if at all any capital gain tax is to be charged same shall be restricted to actual amount received and since assessee has invested entire amount received in purchase of new house he is entitled to claim deduction under section 54 F of The IT Act, same may kindly be allowed." Findings & Analysis : 2. We have heard both the parties and perused the records. It is observed from the assessment order that Document Identification Number(DIN) has not been mentioned on it. Ld.Departmental Representative of the Revenue submitted that DIN was separately generated ....

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....tive date of the Circular No.19/2019 was 1st October, 2019. Thus, the assessment order was issued after the 1st October, 2019. It is an admitted fact that there is no DIN mentioned in the order. Though ld.DR submitted copy of a letter that DIN was subsequently generated on 28.11.2019 and communicated to the assessee. We asked ld.DR whether any written approval of Chief Commissioner of Income Tax was obtained for such letter as, as per Circular No.19/2019 any communication which is manually issued without DIN shall be issued with prior written approval of Chief Commissioner of Income Tax. However, no such approval was produced before us. 4. The Hon'ble Bombay High Court in the case of Ashok Commercial Enterprises Vs. ACIT in Writ Petition....