Ushaben Ambalal Oza v. ITO (2022)96 ITR 46 (SN)(Ahd) (Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Department Valuation-Objection of assessee was not considered-Matter remanded. [S. 45]

Tribunal held that  the valuation done by the Departmental Valuation Officer was on the excessive side since it had not taken into consideration the value of similarly placed properties in the same vicinity having the same marketable value, taking into consideration various factors like clear title of property. Further, the Departmental Valuation Officer should have done a comparable analysis of the Central Public Works Department rates and State Public Works Department rates and should not have simply set aside the assessee’s objection by stating that the Central Public Works Department rates was the approved method as per the Departmental directions. The matter was restored to the Assessing Officer to rework the sale consideration. (AY.  2012-13)