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2020 (2) TMI 1180 - AT - Income TaxAddition on account of explained income - addition on the basis of DVO's report - HELD THAT:- Issue decided in SMT. USHA RANI TALLA AND OTHERS [2015 (7) TMI 250 - ITAT DELHI] basis of which it could be said that the said that the investment shown by the appellant was understated and that anything above what was disclosed by the appellant. Thus, the condition precedent for making reference to the DVO by invoking the provisions of Sec. 142A was not satisfied in the present case. Moreover, on perusal of the assessment order, it is noted that nowhere the AO has mentioned that what are the mistakes and unreliability has been found out by the AO in the books of accounts of the appellant. Thus, the AO has not pointed out any defects in the books as far as related to the investment made by the appellant. AO has erred in referring the matter to the DVO and consequently the DVO's report on the value of investment in the property cannot replace the actual purchase value shown in the purchase deed - Assessing Officer has erred in adopting the value of the property as estimated by the DVO by replacing the value shown in the purchase deed. assessing officer has not given sufficient opportunity of being heard to the assessee. It cannot be said that by giving opportunity of being heard for hearing immediately one day assessing officer has discharged his obligation of giving opportunity of being heard. Thus Ld. CIT(A) was right in observing that the AO has erred in making the addition on account of unexplained income of the assessee and accordingly rightly directed the AO to delete the addition in dispute - Decided against revenue
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