2008 (2) TMI 476

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....4 is directed against the order of learned CIT(A) dt. 5th Jan., 2007. 2. Briefly stated, the facts of the case are that during the year under consideration the assessee had sold a property situated at Khasra No. 829/1/751 of Marudhar Grah Nirman Sahkari Samiti Ltd., Jodhpur (Narpat Nagar, Pal Road, Jodhpur) for a sale consideration of Rs. 11,31,000 but as per the sale deed the Sub-Registrar had....

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.... made the impugned addition. Certain other additions relating to claim of brokerage of Rs. 26,500 in the computation of capital gain on the sale of the above property and on account of disallowance of improvement cost were also made. All these additions were confirmed by the learned CIT(A) vide impugned appellate order. Now the assessee has raised various grounds against these additions and has cl....

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....he value adopted or assessed by the stamp valuation authority under sub-s. (1) exceeds the fair market value of the properly as on the date of transfer; (b) the value so adopted or assessed by the stamp valuation authority under sub-s. (1) has not been disputed in any appeal or revision or no reference has been made before any other authority. Court or the High Court, the AO may refer the va....

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....with regard to lower consideration disclosed by him then he should refer the matter to DVO for getting its market rate established as on date of the sale to arrive at the correct sale consideration. If this provision is read in the sense that if the AO is not satisfied with the explanation of the assessee then he 'may' or 'may not' send the matter for valuation to the DVO then in t....