MR. YASHESH N. WORAH,MUMBAI vs. ACIT - 12(3), MUMBAI

AadoSa / O R D E R महावीर स िंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM:

This appeal filed by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-28, Mumbai [in short CIT(A)], Appeal No. CIT(A)-28/IT-84/ACIT-17(3)/2013-14 vide order dated 4th July 2 2017. The Assessment was framed by the Asst. Commissioner of Income Tax, Central Circle-12(3), Mumbai (in short ‘ACIT/ITO/ AO’) for the A.Y. 2010-11 vide order dated 26.03.2013 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2. The only issue in this appeal of assessee is against the order of CIT(A) confirming the action of the AO in making addition of Rs. 10.68 laks on account of long term capital gain on sale of flat at JVPD, Mumbai. For this assessee has raised the following three grounds: - “1. On facts and cicumstnaces of the case and in law Ld. CIT(A) erred in confirming the addition of rs. 10,68,000/- on account of long term capital gain oin sale of flat at JVPD Mumbai.

3. On the facts and cicumstances of the case and in law Ld. CIT(A) and ld. AO erred in adopting stap duty valuation without referring 3 the same to DVO for fair market valuation/ stamp duty valuation which is mandatory required to be referred us spedific ground No. 4 was raised before him in this regard.”