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2013 (6) TMI 463 - ITAT AHMEDABADAddition u/s 50C - CIT(A's) applied the rate as per the Stamp Duty u/s 69B - Held that:- No addition u/s.50C can be made in the hands of purchaser. The A.O. had analyzed the circumstance evidences and estimated the price @ 800/sq.mtr. which was reduced by the CIT(A) 400 sq. mtr. on the basis of show cause notice issued by the A.O. CIT(A) also relied upon the Consumer Price Index and Wholesale Price Index between 1981 and 2005 which was increased five times, but no comparable case has been considered by the ld. CIT(A). The lower authorities had not brought on record any material to show that the appellant had received over and above the sale consideration shown. Thus respectfully following the decision in case of DCIT vs. Shri Virjibhai Kalyanbhai & Smt. Pinkyben B. Chokhawala vs.ITO (2012 (10) TMI 791 - ITAT AHMEDABAD) in absence of any evidence of extra money appeal of the assessee allowed. Rectification application allowed by CIT(A) - CIT(A)-V, Surat had confirmed the addition of Rs.400/- per sq.mtr. against the addition of Rs.800/- per sq.mtr. by the A.O - Held that:- CIT(A) was wrong as there is no apparent mistake in the order of the CIT(A) order dated 30.11.2009. The issue is debatable and the Revenue as well as assessee had filed the appeal before the ITAT and doctrine of merger is applied in assessee's case filed on 22.01.2010 and Revenue's appeal filed on 23.02.2010. Therefore, CIT(A) was not justified in rectifying the order of the CIT(A) u/s.154. Thus, Revenue's appeal is allowed.
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