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TMI Blog2022 (10) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... wal, CIT DR ORDER PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This appeal is filed by the assessee against the order dated 20.03.2020 passed by the PCIT-2, Ahmedabad for the Assessment Year 2013-14. 2. The assessee has raised the following grounds of appeal: "1. The Honorable Pr. Commissioner of Income Tax-2, Ahmedabad erred in passing order under section 263 of the Act holding Assessment Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the assessee has received ancestral property from her father late Shri Madansinhji Daulatsinhji Jadeja. After death of assessee's father she received the said land which has been sold for developing the plots of land (total 467 plots were developed out of which 131 were sold for Rs.3,07,55,000/-). As the sale value was less than the value determined by Stamp Valuation Authority, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the different valuation adopted by the assessee in different areas for the same land and, therefore, set aside the assessment order and directed the Assessing Officer to pass fresh assessment order after properly ascertaining the correct facts on the said issues. 4. Being aggrieved by the order under Section 263 of the Act passed by the PCIT, the assessee is before us. 5. The Ld. AR submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PCIT has misread the valuation report as the prior and subsequent years' rate were properly taken while determining the present areas in respect of LTCTG and land valuation by the DVO. 6. The Ld. DR submitted that the notice under Section 142(1) of the Act issued by the Assessing officer during the assessment proceedings is only a query but not the actual enquiry and thus, the Assessing Officer h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to land and the indexation thereto. In fact, the Assessing Officer in reopening has categorically made finding and made addition to the extent of Rs.18,63,319/- on account of short working of LTCG. The DVO's report was authenticated and accepted by the Revenue. This is not a case of lack of enquiry or no enquiry at all. Besides this, the PCIT has given his own observation which amounts to revi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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