9911796707
TMI Blog2001 (7) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... t-tax Act, 1958 (in short the 'Act"), by the Income-tax Appellate Tribunal, Delhi Bench "C", New Delhi (in short "the Tribunal"), for the opinion of this court: "Whether, on the facts and in the circumstances of the case, when the deceased-assessee transferred her right to get the lease of the plot from the Delhi Development Authority, was she entitled to get the deduction of 50 per cent. unearn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer was of the view that there being no question of payment in relation to unearned increase in the case of a relation, there was no scope for deducting 50 per cent. of the unearned increase over the initial premium, as was done by the valuer. The valuation report, as prepared by the assessee's valuer, had determined the value of the property in question at Rs.45,000. The gross value had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Assistant Commissioner's order did not warrant any interference. On being moved for reference, the question as set out above, has been referred for the opinion of this court. We have heard learned counsel for the Revenue. There is no appearance on behalf of the assessee. We find that the approach of the Tribunal was somewhat different from that adopted by the Assessing Officer. While ..... X X X X Extracts X X X X X X X X Extracts X X X X
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