(2004) 88TTJ91(Lucknow and CIT v. Abession Hotels (P) Ltd.

The ACIT Central-3, Indore vs. Jarnalbeer Singh Bhatia, Khandwa

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

…justified in deleting the addition of Rs. 15,17,280/- made in AY 2016-17 based on DVO report for unexplained investment u/s 69 of the IT Act in construction of house, without appreciating that : a) In the case law relied by him Abeeson Hotels P.Ltd., (2004) 191 CTR 263 (M P), the Hon'ble Court has granted relief when DVO’s valuation is within 10% of the assessee’s valuation, while the Ld. CIT(A) has compared his Page 7 of 83 Jarnalbeer Singh Bhatia IT(SS)A Nos. 19 to 27/Ind/2023 & ITA No. 226 & 228/Ind/2023- AY 2013-14 to 2018-19 own valuation (after deducting all possible reliefs) without the assessee ‘s va…

Jarnalbeer Singh Bhatia, Khandwa vs. The ACIT Central-3, Indore

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

…justified in deleting the addition of Rs. 15,17,280/- made in AY 2016-17 based on DVO report for unexplained investment u/s 69 of the IT Act in construction of house, without appreciating that : a) In the case law relied by him Abeeson Hotels P.Ltd., (2004) 191 CTR 263 (M P), the Hon'ble Court has granted relief when DVO’s valuation is within 10% of the assessee’s valuation, while the Ld. CIT(A) has compared his Page 7 of 83 Jarnalbeer Singh Bhatia IT(SS)A Nos. 19 to 27/Ind/2023 & ITA No. 226 & 228/Ind/2023- AY 2013-14 to 2018-19 own valuation (after deducting all possible reliefs) without the assessee ‘s va…

Mrs. Jatinder Kaur Bhatia, Khandwa vs. ACIT- (Central) Ujjain, Ujjain

Appeals are dismissed and assessee’s

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

…9,195/- which is 8.43% more than the cost shown by the appellant. This variation is very nominal and is acceptable in view of various judicial pronouncements. I find decision of Hon’ble MP High Court in the case of Abeeson Hotels Pvt. Ltd., reported in (2004) 191 CTR 263 is relevant here, though it deals with the Page 23 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 variation between valuation done by the DVO and the value shown by the assessee, wherein in such circumstances, variation of 10% has been held as acceptable. Relevant paras of the deci…

DCIT- (Central)-3, Indore vs. Mrs. Jatinder Kaur Bhatia, Khandwa

Appeals are dismissed and assessee’s

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

…9,195/- which is 8.43% more than the cost shown by the appellant. This variation is very nominal and is acceptable in view of various judicial pronouncements. I find decision of Hon’ble MP High Court in the case of Abeeson Hotels Pvt. Ltd., reported in (2004) 191 CTR 263 is relevant here, though it deals with the Page 23 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 variation between valuation done by the DVO and the value shown by the assessee, wherein in such circumstances, variation of 10% has been held as acceptable. Relevant paras of the deci…

DCIT- (Central)-3, Indore vs. Mrs. Jatinder Kaur Bhatia, Khandwa

Appeals are dismissed and assessee’s

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

…9,195/- which is 8.43% more than the cost shown by the appellant. This variation is very nominal and is acceptable in view of various judicial pronouncements. I find decision of Hon’ble MP High Court in the case of Abeeson Hotels Pvt. Ltd., reported in (2004) 191 CTR 263 is relevant here, though it deals with the Page 23 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 variation between valuation done by the DVO and the value shown by the assessee, wherein in such circumstances, variation of 10% has been held as acceptable. Relevant paras of the deci…

Om Prakash Bishu, Kuchaman City vs. DCIT, Jodhpur

In the result, appeal of the assessee is allowed

…tion made by LD AO on the basis of this report is bad in law and on facts. Remaining minor differences of 10% to 15% to be ignored. As laid down in the case of Smt. Pramila Agarwal reported on (2004) 88TTJ91(Lucknow and CIT v/s Abession Hotels (P) Ltd (2004) 191 CTR 263 (MP HC) That it was pointed out before both the authorities that Local PWD rate should be applied for valuation purpose and in support of which valuation from the registred valuer was also submitted but both authorities has not considered at and LD AO has made the addition on the DVO report and LD 18 Om Prakash Bishnu CIT appeal has allowed de…