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TMI Blog2018 (6) TMI 1287X X X X Extracts X X X X X X X X Extracts X X X X ..... sing the appeal of assessee that the assessee has no jurisdiction for appeal before The Commissioner of Income Tax Appeals. 2) The Ld. CIT(A) erred in confirming in adopting the valuation method while arriving the value by the AVO. 3) The Ld. CIT(A) erred in confirming the sales instances relied by AVO is not comparable. 4) The Ld. CIT(A) erred in confirming the adoption of the rate of valuation by AVO. 4) The Ld. CIT(A) erred in confirming the appearance of registered valuer is not called by the Income Tax Officer as well as A VO as per the provision of Wealth Tax Act, 1957. 5) The Ld. CIT(A) erred in confirming the issue the direction regarding deletion of remarks which are unwarranted in the valuation report of the Assista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral land and declared income from Long Term Capital Gain. The Assessing Officer had assessed the income in the hands of the assessee. Aggrieved with which the assessee filed first appeal before the Commissioner of Income Tax (Appeals)-12, Pune. The assessee has filed appeals before the Tribunal which are pending for disposal being ITA Nos. 2315 to 2317/PUN/2016 for the assessment years 2007-08, 2008-09 and 2010-11. During the appellate proceedings, the assessee had submitted a fresh Valuation Report as on 01.04.1981 to the Commissioner of Income Tax (Appeals) who in turn, referred the matter to the Assistant Valuation Officer, Solapur to determine the fair market value as on 01.04.1981. The Assistant Valuation Officer issued final valuation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of AVO in estimating the value of property as on 01.04.1981. The said valuation report was called for by the Commissioner of Income Tax (Appeals) during the pendency of quantum Income Tax proceedings and applying the said valuation, the income has been computed under the head income from capital gains. The quantum appeals are filed before the Tribunal by the assessee independently. The present appeals filed by the assessee against order of AVO in determining the value of property under section 55A of the Act, are not maintainable and hence, the same are dismissed. Since, the appeals are not maintainable then mentioning the same as Wealth Tax Appeals does not affect the maintainability of the appeals. Since, we are dismissing the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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