TMI Blog2024 (3) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... is hospitalized but without enclosing any medical records. Even in the last two hearings before this Tribunal, None appeared on behalf of the assessee. This clearly shows that the assessee is not interested in pursuing the above appeal. Therefore, with the assistant of Ld. Sr. D.R., we are inclined to dispose of this appeal. There is no material on record in support of the Grounds raised by the assessee, namely copy of the Sale Deed and Civil Notice on the dispute pending before High Court of Gujarat, Bank Statements, etc. In the absence of the same and the assessee being habitual non-appearance before the First Appellate Authority as well as before this Tribunal, we have no other option than to confirm the addition made by the Lower Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance amount was not paid by the Purchasers. The entire sale transaction is under dispute and the Revenue Authorities refused to enter the Purchasers name in the Revenue Record, therefore, the issue is now pending before Hon ble Gujarat High Court. Since the entire sale transaction is under dispute, the question of invoking section 50C does not arise in his case and requested to drop the assessment proceedings. 3. The Assessing Officer in the faceless assessment proceedings has not accepted the above submissions. Since in the Sale Deed at page number 10, the total amount of Rs. 4,90,879/- has been reflected as paid through various cheques to the Seller and at page number 19, it has been mentioned that no balance amount payable by the Purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration of Rs. 1,84,78,850/- and my share in the property is 2.70 %. 2. The dispute arrives between purchaser and seller and said land not registered with revenue records in our name and same rejected without entering our names. The copy of rejection order made by revenue authority, attached here with and matter is pending with Gujarat High Court. Under stated facts of the case, section 50C of I.T. Act, 1961 does not applicable in my case. 3. Further, I state you that the stamp duty value will not apply if value of property is adversely affected due to its usage etc. as he in the case of Janaki Ram Vs. CIT (2015) 155 ITD, 792 (Hyd). 4. In our case when ownership of land not transferred and in dispute, the provision of stamp duty valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of appeal are dismissed. 6. Aggrieved against the same, the assessee is in appeal before us raising the solitary ground as follows: 1. The DCIT, NFAC-Delhi has erred in law and on facts of the case and not justified in making addition of income of Rs. 2,67,188/- under valuation of stamp duty value on purchase consideration of the property u/s 50C of I.T. Act 1961 even though ownership not transferred. 7. Today is the 11th time of hearing of the above appeal. None appeared on behalf of the assessee and no authorization given to appear on behalf of the assessee. Even in the previous hearings, adjournment requests were sent from the email id of the Chartered Accountant (mmsalvi_salvi@hotmail.com) in the name of the assessee, stating his cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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