Reopening u/s 147 after 153A due to DVO report, Income Tax

[RAJESH SANGHVI]

The assessment of the builder assessee were completed u/s 153A. During asst proceedigns AO rejected books and made a reference to the DVO u/s 142A to determine cost of constructon. Wihtout DVO's report the asst made u/s 153A. The assessee won till  ITAT. Now DVO report has come in which cost of cosntruction is take 25 lacs more than what the assessee has shown. Can AO reopen based on this. Before the ITAT itwas contested that DVO reference cannot be used to determine cost of construction because 69C is not covered u/s 142A. The ITAT appreciated this point.

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[MARIAPPAN GOVINDARAJAN]

What is the outcome of the ITAT?