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Income Tax

Capital Gains Reassessment Invalid Due to Improper Section 55A DVO Reference

Case Law Details

Case Name
Jayendrabhai Kantilal Patel Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement 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, ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,842

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