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2018 (5) TMI 1767 - ITAT AHMEDABADAddition in the computation of short term capital gain arising to the assessee - mandation of reference to DVO - not providing assessee an opportunity for getting the value of the capital asset determined by the DVO - Held that:- AO ought to have given an opportunity to the assessee for making an application for the purpose of section 50C(2). When the assessee has disputed adoption of value equivalent to the amount on which stamp duty was paid, then the ld.CIT(A) itself ought to have called for a report under section 50C(2) of the Act. The failure of the Revenue authorities for is an irregularity which deserves to be rectified. Therefore, we allow the appeal of the assessee; set aside both the orders and restore this issue to the file of the AO for readjudication. The ld.AO shall make reference under section 50C(2) to the DVO and obtain report of the DVO for deciding the value required to be deemed as full sale consideration for the purpose of computation of capital gain - Appeal of the assessee is allowed for statistical purpose.
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