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2018 (5) TMI 2025 - AT - Income TaxCapital gain computation - addition of AO by invoking the provisions of section 50C - HELD THAT:- In the present case, the sale consideration as per sale deed is ₹ 59.40 Lakhs and the value adopted by DVO u/s. 50C (2) and therefore, the difference between these two values is of ₹ 4,70,400/- which is less about 8% of the sale consideration shown by the assessee. Respectfully following the Tribunal order cited by ld. AR of assessee having been rendered in the case of M/s. John Fowler (India) Pvt. Ltd. Vs. DCIT [2017 (1) TMI 1682 - ITAT MUMBAI] and also other two Tribunal orders followed by the Tribunal in that case being Tribunal order rendered in the case of Smt. Sita Bai Khetan Vs. ITO [2016 (11) TMI 955 - ITAT JAIPUR] and Rahul Constructions [2012 (1) TMI 229 - ITAT PUNE] hold that in the facts of the present case, no addition is justified and therefore, delete the same. No merit of the case, the technical and legal issue raised by assessee as per ground nos. 2 and 3 becomes of academic interest and hence, I hold that no adjudication is called for on that aspect.
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