Naina Saraf, Jaipur vs. Pr.CIT-2, Jaipur
In the result, this appeal of the assessee is allowed
ITA 271/JPR/2020[2015-16]Status: DisposedITAT Jaipur14 Sept 2021AY 2015-16
Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 271/Jp/2020 Assessment Year: 2015-16 Cuke Naina Saraf, Pr.Cit-2, Vs. B-93, Surya Marg, Tilak Nagar, Jaipur. Jaipur. Pan No.: Aevps 4665 N Vihykfkhz@Appellant Izr;Fkhz@Respondent
For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 142(1)Section 143(3)Section 263Section 56(2)(vii)
…Ltd. (1986) 159 ITR 71 (SC) holding that unless there is evidence that more consideration than what was stated in the document of transfer was received, the declared sale consideration was to be accepted. This has been followed in CIT v/s Raja Narendra (1994) 210 ITR 250 (Raj.) 7. Contradictory Approach: The approach of the ld. Pr. CIT appears to be contradictory and rather incomplete in as much as no addition of the alleged difference between the SDV and the declared purchase (sale) consideration, is reported in the hands of the Seller-Developer u/s 43CA which was also made applicable for A.Y. 2014-15 itself. A…