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Issues involved: Addition on account of estimate of the market value of assets sold forming part of the block of assets of leasing business.
Summary: The appeals and COs are related to the same assessee and involve common issues regarding the addition on account of estimating the market value of assets sold as part of the leasing business. The Assessing Officer questioned the sale prices of leased assets, finding them below fair market value. The Assessing Officer estimated higher profits on the sale of vehicles, which the CIT(A) partially upheld. The assessee contended that the additions were unjustified and based on conjecture. The Assessing Officer's estimates were deemed unwarranted and not supported by legal provisions. The Assessing Officer's estimates were based on conjecture and surmises, lacking legal validity post the omission of section 52 of the IT Act. The provisions of sections 50, 32, 43(6), and 41(2) were considered, highlighting that the Assessing Officer had no legal basis to estimate higher sale prices and profits. The Tribunal found the Assessing Officer's actions unjustified and deleted the additions for both assessment years, as the provisions of section 50 were not applicable in this case. The Tribunal held that the Assessing Officer's estimation of profits on the sale of leased vehicles was unwarranted and unjustified. The legal provisions post the omission of section 52 of the IT Act did not support the Assessing Officer's actions. The Tribunal emphasized that only capital gains could be computed on the sale of depreciable assets as per section 50, and no other provisions of the IT Act allowed for the computation and taxation of profits on the sale of depreciable assets. Consequently, the Tribunal deleted the additions made by the Assessing Officer for both assessment years.
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