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2021 (1) TMI 675

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..... ement to sale with the original land owners namely Shri Shankar Sadhwani S/o Shri Dharmprakash Sadhwani and Shri Bharat Keswani s/o S.K. Keswani. Thus find no mention in this fact in the assessment order, it is also not clear whether the sale deed was placed before the assessing officer. Under these facts, therefore, set aside the impugned order and restore the assessment to the file of the assessing officer for making de novo assessment. - ITA No. 72/Ind/2019 - - - Dated:- 4-1-2021 - Kul Bharat, Member (J) For the Appellant : Ashish Goyal and N.D. Patva, ARs For the Respondents : Harshit Bari, Sr. DR ORDER Kul Bharat, Member (J) This appeal is filed by the assessee against the orders of ld. CIT(Appeals)-3, Bhop .....

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..... ntion of the assessee that the impugned land was not a capital asset also rejected on the ground that Tehsildar, Tehsil Huzur, Bhopal vide his letter dated 09.03.2015 issued a certificate stating therein that the land in question within the 6 km from the municipal limits of Bhopal. The assessing officer observed as per the registered sale deed dated 31.03.2007 between Shri Vikas Virani, Power of Attorney holder and Smt. Sandhya Agarwal, w/o Shri Krishna Gopal Agarwal, Smt. Sunita Agarwal w/s Shri Krishnamurari Agarwal, Smt. Anamika Agarwal, w/o Shri Pradip Agarwal, Smt. Kirti Agarwal w/o Shri Prakash Agarwal. The sale deed was made for 8.275 acres for a consideration of ₹ 16,00,000/-. However, as per the stamp valuation, the value was .....

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..... 07.12.2005 Shankar Sadhwani to Vikas Virani Power of Attorney 270,272- 274,275, 278-283,496 - 3. 24.04.2006 Vikas Virani to Tejpal Patidar Agreement to sell 5.50 acres 10,00,000 4. 15.03.2007 31.03.2007 Tejpal Patidar to Sandhya Agrawal others Shankar Sadhwani, Agreement to sell 270,273- 275,278- 283,496 .....

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