TMI Blog2003 (7) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal has been filed by the department against the order dated 19-3-1998 of the Commissioner of Gift-tax (Appeals), Jodhpur which pertains to assessment year 1993-94. The assessee has filed cross objection in relation to this appeal. Both, the appeal of the department and the cross objection of the assessee, are being disposed of by this common order for the sake of convenience. 2. The Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the Assessing Officer was not justified in taxing the assessee on deemed gift taken on the basis of valuation adopted by the registry authority. The assessee has supported the decision of the Commissioner of Gift-tax (Appeals) by filing the cross objection. 5. The issue under consideration stands squarely covered by the decision of the ITAT, Jodhpur Bench, in the case of GTO v. Vino ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... still argued that the order of the Assessing Officer should be restored. 8. After going carefully through the facts of this case as well as the facts of the case relied upon by the ld. AR, we are of the opinion that the facts of both the case are identical and the issue is squarely covered by the decision of ITAT, Jodhpur Bench in the case of Vinod Kumar Hissaria ( supra ). As a result we di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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