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2016 (6) TMI 423 - AT - Income TaxSale value for the purpose of computation of Short Term Capital Gains - reference to the Valuation Officer so as to determine the FMV of the property - in the second round of proceedings, assessee has taken a new plea that a deduction from the cost should be given on account of transfer fee paid for ₹ 27,200/- - Held that:- Plea of the assessee that a deduction from the cost should be given on account of transfer fee paid as stated by the Ld. CIT(A), was neither made by the assessee in the return of income nor before the assessment proceedings before the Assessing Officer. Rather, upto the stage of Tribunal no such claim was made. Once, the matter is set aside by the Tribunal for a limited purpose, then, the assessment has to be framed within the directions of the Tribunal. The determination of income and issue has to be circumscribed strictly in accordance with the order of the Tribunal and it cannot travel beyond. Accordingly, we agree with the conclusion drawn by the Ld. CIT(A) that once such a claim is not arising out of the mandate and directions of the Tribunal, then, the same cannot be raked up or a fresh claim can be made in the second round of proceedings. Accordingly, the order of Ld. CIT(A) is affirmed and the grounds raised by the assessee is dismissed.
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