Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum) (Trib.)

S. 48 : Capital gains-Mode of Computation-Cost of acquisition-Fair market value determined by Government valuer-Assessing Officer has no right to replace Government approved valuer’s opinion with his own opinion. [S. 45, 50A 55A]

Assessee had sold a flat during year under consideration and for computing cost of acquisition of this flat, assessee adopted fair market value as on 1-4-1981 based on valuation report of Government valuer. Assessing Officer after rejecting valuation made by valuer calculated cost of acquisition and thereby made an addition. CIT(A) up held the addition. On appeal the Tribunal held that  since Assessing Officer has no power to replace valuer’s opinion which is based upon facts and data available in public domain, with its own opinion, addition made by Assessing Officer is directed to be   deleted.   (AY. 2005-06)