2019 (7) TMI 1492

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.... For the Revenue : Shri Vinod Tanwani, Sr.DR ORDER PER RAJPAL YADAV, JUDICIAL MEMBER : Present MA is directed at the instance of the Revenue pointing out apparent error in the order of the Tribunal dated 4.6.2018 passed in ITA No.783/Ahd/2015. 2. Brief facts of the case are that he assessee was having 1/16th share of a property which was sold for consideration of Rs. 5,10,00,000/-. ....

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....ds of the assessee. The AO has determined the capital gain at Rs. 13,97,290/-. The ld.CIT(A) has re-determined while enhancing the figure at Rs. 24,60,637/-. The ld.CIT(A) has further made addition of Rs. 10,63,347/-. According to the assessee, the Tribunal has deleted the addition made by the AO, but not deleted the addition made by the ld.CIT(A) by way of enhancement. 3. In response to the no....

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....rket value, then the AO has no jurisdiction to make reference to the DVO. In the absence of any reference to the DVO, capital gain has to be computed on the basis of registered valuer's report submitted by the assessee. For this proposition, the Tribunal has relied upon the decision of Hon'ble Gujarat High Court in the case of CIT Vs. Gauranginiben S. Shodhan, 367 ITR 238. The Tribunal has taken i....