The assessee purchased the flats for Rs 60 lakhs as per the agreement dt. 6th Feb, 2013. The valuation fixed by the stamp authority was Rs. 80,812,150. The Fair market value of the flats was much less than Rs. 67, 57,600 by relying on the estimate of a registered valuer. The Assessing Officer agreed with the estimate of registered valuer. PCIT passed the order directing the Assessing Officer to frame a fresh assessment and call for valuation from the competent authority as mentioned under section 55(2) of the Act in relation to the deed of sale agreement and conveyance. On appeal the Tribunal held that Assessment order was not erroneous for not referring the valuation of flats to the DVO by referring to cl.(b) of section 55(2)(vii) as sub-cl.(ii)) thereof was not in existence in the year 2013 when the transfer of flats took place. (AY. 2015-16)
Monoj Kumar Biswas v. PCIT (2021) 214 TTJ 340 / 63 CCH 380 / 207 DTR 145 (Kol.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Valuation of flats purchased on the basis of registered valuer-Failure to refer to District valuation Officer-Revision is held to be not valid. [S. 55A, 56(2)(vii)(b), 143 (3)]