TaxTMI 
TaxTMI 
2022 (9) TMI 882
X X X X Extracts X X X X
X X X X Extracts X X X X
....he Respondent : Shri B.D. Gupta, Sr.D.R. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- The present appeal has been filed by the Assessee against the order dated 27.04.2018 passed by the Commissioner of Income Tax (Appeals)-13, Ahmedabad as against the Assessment order passed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the As....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r u/s. 50C(2) of the Act, the Valuation Officer who determined the valued at Rs. 1,35,88,000/-. Assessee being 50% co-owner assessed Rs. 67,94,000/- as the sale consideration and determined the Long Term Capital Gain at Rs. 23,75,770/-. 3. Aggrieved against the same, the assessee filed an appeal before the Ld. CIT(A). Originally the DVO vide letter dated 28.03.2016 determined the value of the pro....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n of capital gain. Ld. CIT(A) rejected the claim on the ground that the DVO cannot revisit his order, without a fresh reference have been made to him, which is not legally tenable when assessment itself is completed. Thus the Ld. CIT(A) dismissed the appeal filed by the assessee. 4. Aggrieved against the same, the assessee is in appeal before us raising the following Grounds of Appeal: 1. Ld A.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eedings. Therefore taking into account, the assessee's objection second valuation report dated 28.02.2018 was submitted determining the value of the property at Rs. 1,05,08,000/-. The ld. CIT(A) erred in holding that the DVO cannot revisit his order and the second report is not binding either of the Assessing Officer or the Appellate Authority, since assessment has already been done in that case. ....