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Judgment
PER C.N. PRASAD, J.M.
This appeal is filed by the assessee against the order of the Ld.CIT(A)/NFAC dated 26.08.2025 for the A.Y. 2012-13.
Ld. Counsel for the assessee at the outset submitted the appeal of the assessee was dismissed exparte by the Ld. CIT(A). The Ld. Counsel for the assessee further submitted that the assessment was framed exparate u/s.144 of the Act. Ld. Counsel further submits that in the interest of justice the matter be may be restored to the file of the AO for framing the assessment afresh. Ld. Counsel for the assessee also placed the following brief synopsis :-
“1.That this is a case on an individual who had executed a sale deed for an agriculture land for which a registered agreement to sell was registered by his father on 30.08.1980.
2.That the father of assessee late Sh Shyam Singh had agreed to sell his share of agriculture land for Rs 18,750/-out of Which a sum of Rs 12000/- was received at the time of registration of agreement to sell and balance Rs 6,750/-was to be received at the time of registration of sale deed.
3.That the father of assessee died on 30.11.1984 without executing the sale deed, the assessee has now completed the unfinished task of his father by executing the sale deed. These facts are mentioned in the sale deed (Pg No 7 and 8 of the PB).
4.That it's a settled law that in case of a registered agreement which is predated to introduction of provisions of sec 50C, then the consideration for sale will be taken the consideration as mentioned in the agreement to sell. (Pg No 22 to 26 of the PB).”
Ld. DR has no serious objection in restoring the appeal to the file of the AO for fresh consideration.
In view of the submissions of the rival contentions and after perusing the orders of the authorities below, we feel it appropriate to restore the issues to the file of the AO for fresh assessment after providing adequate opportunity to the assessee. We order accordingly.
In the result, the appeal of the assessee is allowed for statistical purpose.