2010 (4) TMI 290

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....vek Sethi, Advocate, for the appellant-revenue. M.M. KUMAR, J. The instant appeal filed under Section 260-A of the Income-tax Act, 1961 (for brevity, 'the Act'), is directed by the revenue, challenging order dated 31.12.2008, passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'A', Chandigarh (for brevity, 'the Tribunal'), in I.T.A. No. 758/Chandi/2008, in respect of the Assessment....

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....t comes into play only in a situation where the assessee claims before the Assessing Officer that the value adopted by the Stamp Valuation Authority exceeds the fair market value of the property on the date of transfer. The claim of the assessee is that the consideration stated in the transfer deed is the market value, which stands accepted by the Stamp Valuation Authority. It has further been hel....

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....ded by the Tribunal is un-exceptionable and it does not suffer from any legal infirmity warranting admission of the appeal. In any case, Hon'ble the Supreme Court in the case of K.P. Verghese v. I.T.O., 131 I.T.R. 597 (SC), has held that in order to justify the impugned condition there has to be some evidence to show that the amount actually received was more than the amount shown in the transfer ....