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2023 (11) TMI 539 - ITAT DELHIReopening of assessment u/s 147 - addition u/s 50C - assessee has sold two immovable properties in equal co-ownership with one person - nature of land sold - CIT(A) sustained the addition and directed the AO to re-compute the capital gain by reducing the costs of acquisition of the said properties from the total sale consideration in the hands of the assessee - HELD THAT:- We have gone through the order passed u/s 143(3) in the case of the co-owner Smt. Sudha Tyagi there is no mention/adjudication regarding the issue of grant of exemption to Assessee in the assessment order. The material available on record in the present case were also not been looked it into by the A.O. of the co-owner besides the same, even if the A.O. of the co-owner erroneously grants the exemption and refrained from making addition u/s 50C of the Act, the fact remains that the properties which were sold by the Assessee along with the co-owner is not beyond 8 kilometers of distance from the outer limit Ghaziabad Nagar Nigam (GMC). In so far as the certificate issued by the Ghaziabadad Nagar Nigam is concerned, considering the fact that during the Remand proceedings, A.O. after making extensive enquiry and also relying on the corroborative evidences, found that the village Morti/Morta is only 2.5-03 kilometers from the outer limit of the Ghaziabad Municipal Corporation. Therefore, we do not give much importance to the contents of the certificate which is far from truth. We find no error or infirmity in the order of the CIT(A) in upholding the disallowance made by the A.O - CIT(A) has rightly directed the A.O. to recomputed the capital gain by reducing the cost of acquisition of the said properties from the total sale consideration in the land of the Assessee. No merit in the Grounds of Appeal of the Assessee.
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