TaxTMI 
TaxTMI 
2019 (9) TMI 1767
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....der passed by the learned Commissioner of Income-Tax (Appeals) in so far it is prejudicial to the interests of the appellant is bad and erroneous in law and against the facts and circumstances of the case. 2. That the learned Commissioner of Income Tax (Appeals) erred in law and on facts in considering the cost of acquisition as Rs. 5,00,794/- as per the registered sale deed even though the actual consideration paid was Rs. 12,29,982/-. 3. That the learned Commissioner of Income Tax (Appeals) ought to have appreciated the fact that the consideration mentioned in the registered deed is only the guidance value and not the total consideration paid. 4. That the findings given by the learned Commissioner of Income Tax ....
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....nment guidance value which was prevailing at that time. He placed reliance on the Tribunal order rendered in the case of Shri S. Tejraj Ranka Vs. ACIT in ITA No. 82/Bang/2014 dated 26.08.2015, copy available on pages 39 to 49 of the paper book and on another Tribunal, order rendered in the case of Shri Ashok Kumar Wahi [HUF] Vs. ITO in ITA No. 719/Bang/2018 dated 01.06.2018, copy available on pages 50 to 56 of the paper book. He drawn our attention to para 15 of the Tribunal order rendered in the case of Shri S. Tejraj Ranka Vs. ACIT (supra) and pointed out that in this para, it is noted by the Tribunal that as per the registered sale deed dated 25.06.2008, value noted is Rs. 22.05 Lakhs which is towards undivided share of land and flat tog....
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....had no objection to restoring the matter back to the file of AO but ld. DR of revenue submitted that page no. 13 of the paper book was not made available before the AO and it was made available only before the ld. CIT(A). Regarding one more letter dated 17.07.2019 now submitted before us, he submitted that this is new evidence and it should not be admitted. 4. We have considered the rival submissions and we find that even if we do not admit this letter dated 17.07.2019, we feel it proper to restore the matter back to the file of AO for fresh decision after examining the nature of this difference between the amount of cost of acquisition as per the purchase deed and as per the certificate issued by Telecom Employees' Co-operative Housing ....