Assessee sold some property and stamp duty value was taken at the time of the sale deed being executed. Assessee in his return declared sale of one flat. AO observed based on the ITS information that the value of the property sold was determined by the sub-registrar and assessee had sold two properties being a flat and a portion of land. AO adopted full value of consideration based on S. 50C of the Act. DVO had adopted commercial rate for determining FMV of the property where as in fact the property was a residential area used for commercial purpose. Tribunal held that applying commercial rates on a residential property used for commercial purposes was not proper and determination of FMV by DVO required a relook based on prevailing market price based on comparable sale instance. Since, assessee filed additional evidence of site plan, issue of FMV restored to DVO for redetermination.  (AY.2010-11)