2023 (2) TMI 798

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.... For the Revenue : Shri Ramesh Kumar, JCIT ORDER This appeal is filed by the Assessee against order dated 27.03.2019 passed by the CIT(A)-2, Vadodara for the Assessment Year 2012-13. 2. The Assessee has raised the following ground of appeal :- "1. The proceedings conducted in pursuance of notice u/s.148 and consequent assessment order passed u/s.144 r.w.s. 147 are bad in law for the want of ....

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....antri value of the said property of Rs.24,32,800/- for stamp duty purpose. Therefore, the Assessing Officer observed that the assessee had shown sale value of the said property less by Rs.19,42,800/- and as the assessee did not file return of income though the amount of capital gain of Rs.24,32,800/- the same is chargeable to tax under Section 45 r.w.s. 50C of the Income Tax Act, 1961. The Assessi....

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.... record through application dated 29.11.2022. 6. The said application to bring the Legal Heir on record is taken on record. 7. On the merits of the case, the Ld. AR submitted that the CIT(A) was not right in confirming the addition of Rs.24,32,800/- as the valuation of the DVO was not taken into account by the CIT(A) and in fact the Stamp Duty Valuation Authority's valuation has been adopted wit....

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....t Rs.24,32,800/- for stamp duty purposes. There is a difference between the sale value as determined by the assessee in the sale deed and the value adopted by the Stamp Duty Valuation Authority and the same needs verification in respect of the Jantri value as well as actual value of the property. The Assessing Officer as well as the CIT(A) has not taken cognisance as per the provisions of Section ....