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2019 (4) TMI 694 - AT - Income TaxRevision u/s 263 - non consideration of stamp duty value by AO for computation of capital gain - applicability of section 50C - No specific mention regarding substitution of stamp duty valuation against actual sale consideration for computation of capital gain - Reply of assessee also not satisfactory - HELD THAT:- The view canvassed by the assessee, in our considered view, was unsustainable in law. Therefore, even if the matter was examined by the Assessing Officer and it was a conscious call of the Assessing Officer to accept the plea of the assessee, such a situation would not take the matter outside the ambit of Section 263 as the view adopted by the Assessing Officer was clearly unsustainable in law. Having said that, we must add that there can be other legal reasons for grant of relief on merits, and that area is not yet explored by, or before, us. In any case, all that the learned Commissioner has directed is examination of the claim on merits and, for the above reason, we see no infirmity in that direction - Decided against assessee
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