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Capital Gains Reassessment Invalid Due to Improper Section 55A DVO Reference
Case Law Details
- Case Name
- Jayendrabhai Kantilal Patel Vs ITO (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Ahmedabad
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Jayendrabhai Kantilal Patel Vs ITO (ITAT Ahmedabad)
Ahmedabad ITAT Quashes Addition Triggered by Invalid 55A Reference – Fresh Evidence from Co-owner’s Case & Binding Gujarat HC Law Establish AO’s Referral as Illegal
Ahmedabad tribunal allowed the Assessee’s appeal by holding that the AO lacked jurisdiction to make a reference to the DVO u/s 55A for determining FMV as on 01.04.1981, since the Assessee had already adopted the cost on the basis of a Registered Valuer’s report & the pre-2012 law permitted reference only when the value claimed was less than FMV, ...




