Pramila Gajanan Bhoir, Thane vs. ITO WD 3(2), Kalyan
In the result, all the appeals of the assessee are allowed
ITA 4245/MUM/2018[2005-06]Status: DisposedITAT Mumbai21 May 2019AY 2005-06
Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am
For Appellant: Shri M.N. Nandgaonkar, ARFor Respondent: Shri Chaitanya Anjaria, DR
Section 143(3)Section 48Section 55
…the value was incapable of being ascertained, as already observed, the value in such case has to be taken as being equal to market value on a specified date.” 8. On contrary, the Hon’ble Bombay High Court in the case of CIT vs. Kanubhai R. Shah (HUF) [1993] 201 ITR 1050 (Bombay) has held that as the provisions of section 55(3) of the Act are attracted only in the case, where the cost for which the previous owner acquitted the property cannot be ascertained but these provisions are not attracted to a case where the property has been received by the assessee on a partially partition of the HUF. Hon’ble Bombay Hig…