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2013 (3) TMI 418 - DELHI HIGH COURTAddition u/s 69B - Tribunal deleted the addition ignoring district valuation officer’s report under section 142A - whether the valuation rendered by the DVO is to be taken into account or not? - Held that:- There must be a finding that the assessee had received an amount over and above the consideration stated in the sale deed and for this the primary burden was cast on the revenue. It is only when this burden is discharged by the revenue that it would be permissible to rely upon the value as given in the valuation report of the DVO. The law seems to be well settled that unless and until there is some other evidence to indicate that extra consideration had flowed in the transaction of purchase of property, the report of the DVO cannot form the basis of any addition on the part of the revenue. As in the present case there is no evidence other than the report of the DVO and, therefore, the same cannot be relied upon for making an addition - in favour of the assessee.
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