The Assessee has paid the entire consideration amount of Rs.4,25,000/-to the vendor/seller on 19.06.2002 itself. This fact is also clear from the sale deed dated 19.02.2018 itself. Further, from the receipt, which is part of the said sale agreement/ sale deed reflects the payment of Rs.4,25,000/-having been made by the Assessee on 03.06.2002 through cheque nos. 531715 and 007797 respectively amounting to Rs.3,00,000/-and Rs.1,25,000/-drawn on Maharashtra Bank, Goregaon West Branch. From the documents, such as electricity connection, Aadhar card, PAN card, election card etc., the Assessee also proved corroborative material of ownership of the property. Thus, considering the peculiar facts and circumstances in totality and the sale deed, wherein the purchase of the property has specifically been mentioned, coupled with corroborative documents/evidences, which goes to show that the Assessee on the basis of agreement fixed the amount of consideration and paid the consideration amount in two cheques on dated 03.06.2002 itself and this fact is part of the sale deed and therefore it can easily be construed that the Assessee’s case falls under 1st proviso of section 50C of the Act and therefore the stamp duty value as on the date of agreement is required to be taken for the purpose of computation of consideration for such transfer. Thus, the AO is directed to consider the stamp duty value of the property, as on the date of agreement i.e. 03.06.2002/19.06.2002, as mentioned in the sale deed itself and recompute the capital gain/tax liability accordingly.(AY. 2011-12) [ITA No. 2/VIZ/2024 dated 08/08/2024]