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2015 (10) TMI 1865 - AT - Income TaxReference made under section 55A to the DVO - addition on account of long term capital gain from the sale of plot - CIT(A) deleted the addition holding that the reference made to the DVO was without jurisdiction - Held that:- Similar issue came up before the Tribunal in the case of DCIT vs. Shri Dipakbhai Shankarlal Contractor, husband and co-owner of the same property. The Tribunal, wherein held that ld. CIT(A) while granting the relief to the assessee had relied on the decision of Hiraben Jayantilal Shah vs. ITO (2008 (4) TMI 292 - GUJARAT HIGH COURT) and had held that the ratio of the aforesaid decision was directly applicable to the case of Assessee. Before us, Revenue has not brought any contrary binding decision nor could controvert the findings of ld. CIT(A). In view of the aforesaid facts, we find no reason to interfere with the order of ld. CIT(A) and thus the ground of Revenue is dismissed.” Therefore, following the above order of the Tribunal, we observed that ld. CIT(A) has rightly deleted the addition. - Decided in favour of assessee.
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