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TMI Blog2013 (6) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... posed of by way of this common order for the sake of convenience. The effective grounds of all three appeals are as under: Grounds of ITA No.229/Ahd/2010 (Assessee's appeal) 1. On the facts and circumstances of the case, the learned CIT(A's) has erred in partly confirming the action of the Assessing Officer. 2. On the facts and circumstances of the case, the learned CIT(A's) has erred in not appreciating that Sec 50C is not applicable to the purchaser till 01.10.2009. 3. On the facts and circumstances of the case, the learned CIT(A's) has erred in confirming addition made by the Assessing Officer on surmises and presumption. 4. On the facts and circumstances of the case, the learned CIT(A's) has erred in applying the rate as per the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee and additional stamp duty has also been paid by the assessee. 3. On the facts and circumstances of the cases and in law, the ld. CIT(A) has erred in passing the order u/s. 154 in deleting the addition made by the A.O. and confirmed by his predecessor to the extent of Rs.12,15,750/- despite the fact that the assessee had already paid additional stamp duty on the valuation determined by the sub registrar which was higher than the documented price. 4. On the facts and circumstances of the cases and in law, the ld. CIT(A) has erred in passing the order u/s 154 in deleting the addition made by the A.O. of Rs.12,15,750/- despite the fact that the Section 154 of the I.T. Act does not confer any power to ld. CIT(A) to review his decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the new jantry prices which came into effect since 01.04.2008 after approval of the survey reports conducted by Government authorities in F.Y. 05-06 & 06-07 and till then the old jantry prices has not been revised since 1999. Hence the jantry prices in F.Y. 05-06 are not the correct indicators of the real fair market price of the land. But still the jantry price of the land as on F.Y. 05-06 more than what assessee was showing in the books of account as the purchase value. The assessee herself has contended that the Sachin Udyognagar Sahakari Mandli Ltd. was established in the year 1981 and has allotted land at Rs.40/- per sq.mtr. to its members and claims that there is no development in that area since 25 years and hence the cost of land h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tr. u/s.69B. 4. Now the assessee is before us. Ld. Counsel for the assessee contended and filed a copy for the A.Y. 06-07 in case of Mukund Shambulal Jairwala, assessee's husband, wherein the reopening has been dropped by the A.O. on similar addition. He also filed the copy of ITAT, Ahmadabad,' D' Bench in case of DCIT vs. Shri Virjibhai Kalyanbhai, in ITA No. 372/Ahd/2010, wherein the addition was made u/s.69B on the basis of comparable case and Revenue's appeal is dismissed. He further filed a copy of 'D' Bench, ITAT Ahmadabad, in case of Smt. Pinkyben B. Chokhawala vs.ITO (OSD)-1, Range-2, Surat in ITA No. 3938/Ahd/2008 for A.Y. 05-06, wherein addition u/s. 69 was made by the A.O. by considering the deeming provision of Section 50C, all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of extra money, we reverse the order of the CIT(A) and allow the appeal of the assessee in her favour. 6. In the result, the assessee's appeal is allowed. ITA No.613/Ahd/2010 (Revenue's appeal) 7. The Revenue has challenged the appellant to the extent of 400 sq.mtr. and the ld. Sr. D.R. relied on the order of the A.O. whereas the ld. A.R.'s arguments on this issue are identical as per ITA No. 229/Ahd/2010. 8. In the result, the Revenue's appeal is dismissed as per finding in preceding para for assessee's appeal in ITA No.229/Ahd/2010. ITA No.3390/Ahd/2010 (Revenue's appeal) 9. The factual matrix of the case is that the ld. CIT(A)-V, Surat had confirmed the addition of Rs.400/- per sq.mtr. against the addition of Rs.800/- per sq.mtr. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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