Jasvinder Hans. v. ACIT (2018) 170 ITD 241 / 164 DTR 249 (Asr) (Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Assessee could raise objection to valuation through his return of income, only in the assessment proceedings . No universal principle with regard to being heard in the matter can be laid down and it all depends upon the language of provision and object and purpose of it [ S.45 ]

S. 50C : Capital gains – Full value of consideration – Stamp valuation– Assessee  could raise objection to valuation through his return of income, only in the assessment proceedings . No universal  principle with regard to being heard in the matter can be laid down and it all depends upon the language of provision and object and purpose of it [ S.45 ] 

The Commissioner (Appeals) upheld the addition of Rs. 1,00,000 made by Assessing Officer by invoking S. 50C, by substituting apparent consideration of Rs. 11 lakhsby that of Rs. 12 lakhs adopted for stamp duty. On appeal by the assessee , dismissing the appeal the Tribunal held that ;Assessee  could raise  objection to valuation through his return of income, only in the assessment proceedings . No universal  principle with regard to being heard in the matter can be laid down and it all depends upon the language of provision and object and purpose of it .( AY.2006 -07)