TMI Blog2016 (6) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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. - ITA No. 348/MUM/2011 - - - Dated:- 6-5-2016 - Shri Amit Shukla, Judicial Member And Shri Rajesh Kumar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for making a reference to the Valuation Officer for determining the Fair Market Value (FMV) of the property in question. The Departmental Valuation Officer (DVO) estimated the value of the property at 6,35,794/- as against market value of ₹ 8,77,500/- determined by the Stamp Duty authorities. The Assessing Officer, accordingly, computed the Short Term Capital Gains by taking the market value at ₹ 6,35,794/-. Before the Assessing Officer the assessee s case was that the transfer fees paid on 30.4.2003 for ₹ 23,600/- should have been reduced from the FMV. In support, the assessee had furnished the photocopy of the receipt issued by the co-operative housing society for ₹ 47,200/-, however, the remark on the said receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e revised return. In response to the same, detailed submissions were made before the Ld. CIT(A) by the assessee which has been incorporated from pages 5 to 7 of the appellate order. The Ld. CIT(A) held that the impugned assessment proceedings were in compliance of ITAT s order by which the matter has been set aside for making the reference to DVO and accordingly decide the issue of determination of market value for calculation of Capital Gains. It was in the set aside proceedings that reference to the Valuation Officer was made and Valuation report obtained. This claim of the assessee was neither made in the return of income nor in the course of the original assessment proceedings. This issue was also not raked up before the First Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer. 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. 5. In the result, appeal filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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