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TMI Blog2018 (5) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial Member 1. This appeal by the Assessee is directed against the order of the Ld. CIT(A)-3, Rajkot dated 31.07.2017 pertaining to A.Y. 2014-15 and following grounds have been taken:- 1. The Ld. Commissioner of Income-tax (Appeals) - 3, Rajkot erred in confirming action of assessing officer in making addition of Rs. S,16,208/- u/s 56(2)(vii)(b) of the Act being difference between Stamp duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty. Hence the 8% share of Rs. 3,27,02,600/- comes to Rs. 26,16,208/- whereas as per the balance sheet furnished by the assessee, the value of the said property is reflected at Rs. 18,00,000/-. In these circumstances, the difference of an amount of Rs. 8,16,208/- is added to total income of the assessee as per provisions of section 56(vii)(b)of the Income Tax Act. 3. Assessee filed reply stating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale is not 01.04.2013 but 30.03.2013 and in support of its contention. Appellant filed copy of sale deed on which transferor and transferee has put their signature along with dated 30.03.2013 . But same sale deed was registered in the record of sub-registrar on 01.04.2014. 6. In support of its contention, the ld. A.R. cited a judgment of Gujarat High Court CIT Vs. Mormasji Mancharji Vaid wherei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the transfer was effected on the date on which the document was copied out in the books of Registrar." 7. As we can see, the Hon'ble High Court is very much in favour f the appellant wherein in the judgment it is held that the transfer was effected on the date on which the document was copied out in the books of Registrar will not be date of transfer. In this case, stamp papers were purchas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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