Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set as...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties...
An assessing officer must not treat the value adopted by the registering/stamp valuation authority as deemed sale consideration under Section 50C without referring the matter to the departmental Valuation Officer/Valuation Cell to determine fair market value; where the assessee disputed the adopted value and did not participate, the AO should still use the statutory valuation machinery and afford the assessee a reasonable opportunity to be heard and to produce fresh documentary evidence. The assessment was set aside and remitted for valuation by the DVO and recomputation of short term capital gains in accordance with law after hearing the assessee.
An assessing officer must not treat the value adopted by the registering/stamp valuation authority as deemed sale consideration under Section 50C without referring the matter to the departmental Valuation Officer/Valuation Cell to determine fair market value; where the assessee disputed the adopted value and did not participate, the AO should still use the statutory valuation machinery and afford the assessee a reasonable opportunity to be heard and to produce fresh documentary evidence. The assessment was set aside and remitted for valuation by the DVO and recomputation of short term capital gains in accordance with law after hearing the assessee.
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