2019 (4) TMI 1648

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....lued to the property by AVO even who ignore the objection raised by the assessee. 2. On the facts and in the circumstances of the case learned CIT(A) erred in not holding the s.50C of the I.T. Act is not applicable to the transaction dated 15.1.2001. 3. On the facts and in the circumstances of the case learned CIT(A) erred in holding the wrong value taken of AVO even pointed out to the AVO & Assessing Officer. 4. Alternatively, on the facts and in the circumstances of the case, the CIT(A) erred in not holding that the AVO has adopted the value of the property on the basis of some registry taken by him after ignoring to the adjacent sale deed of the plot submitted by the assessee. 5. The Appellant craves l....

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....serious illness. 4. Ld. D.R. opposed the averment made in the application. 5. We have heard the rival submissions, perused the materials available on record and gone through the orders of the authorities below. The assessee has filed a medical report stating that the assessee is suffering from cancer and has been undergoing treatment at CHL Hospital, Indore. In our view, the reason stated is a sufficient cause, therefore, we condone delay and take up the appeal for adjudication. 6. The only effective ground in this appeal is against addition made by the assessing officer, by accepting the value as recommended by the DVO. 7. Ld. Counsel for the assessee reiterated the submissions as made in the written submissions. The written su....

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....ssessee is partly allowed. Order was pronounced in the open court on 08.04.2019. ============= Document 1 sale transactions as on the date on which sale agreements were entered into. Since the applicability of section 50C is from 01.04.2003, hence the provisions of section 50C as on the date of sale agreements is not applicable. Your assesse also relied on the judgment of Modipon Ltd. Delhi vs Department Of Income Tax, New Delhi, ITA 2049/Del./2009. 4. Without prejudice to above, During the year under consideration the Appellant had executed registered sale deed of plot in two parts Particular Part-1 Part-2 Buyer Anwar Rasheed Mandeep Saluja Area (per square feet) 1110 1050 Sale considera....