S. Kamarasu v. ITO (2020) 275 Taxman 392 (Mad.)(HC)

S. 147 : Reassessment-Guideline value-Cannot be the basis for reopening of assessment. [S. 45, 69, 148, Art. 226]

Assessee purchased a property for a sale consideration of Rs. 1.5 crores. Guideline value of property was Rs. 1.95 crores.Assessing Officer considering reply of assessee regarding difference in actual sale consideration and guideline value completed assessment under section 143(3) of the Act. Reassessment notice was issued which was challenged the Court held that   since recitals in sale deed evidenced that property was purchased at Rs. 1.5 crores, guideline value shown in sale deed could not be construed to be an actual sale value, and therefore, consequential decision that assessee had under quoted sale amount in returns, could not be accepted. (AY. 2009-2010)