Dismissing the appeal of the revenue the Court held that the Assessing Officer in his limited scrutiny has verified the source of funds noted the sale consideration and paid and the expenses incurred for stamp duty and other charges . The assessee has filed a detailed reply in the course of assessment proceedings .Based on the reply the Assessing Officer did not make any addition . The Court held that the PCIT has not dealt with the specific objection , but would fault the Assessing Officer for not invoking section 56(2)(vii)(b)(ii) of the Act , merely on the ground that the guidance value was higher . The guidance value is only an indicator and will not always represent the fair market value of the property , therefore the invocation of revision power was not sustainable in law . ( TC/350/2020 dt .6-10 -2020 )( AY 2014 -15)
CIT v. Padmavathi (Smt) ( 2020) 120 taxmann.com 187 (Mad) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Assessment – Limited scrutiny case – Commissioner cannot exercise the power to look in to any issue which the Assessing Officer Could not look at [ S.50C(2),56(2)(vii)(b)(ii), 143(3)]
Full judgment