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Jagdish Namdev Hattangadi vs. Income Tax Officer

Case No: ITA No. 3799/Mum/2024
Court: Income Tax Appellate Tribunal, Mumbai
Date: 9/20/2024

Parties Involved

appellantJagdish Namdev Hattangadi
respondentIncome Tax Officer

Facts Summary

The assessee, Jagdish Namdev Hattangadi, filed an appeal against the order of the Commissioner of Income Tax (Appeals) regarding the assessment year 2018-19. The appeal challenges the addition made by the Income Tax Officer on account of the difference in the valuation of a property by the approved valuer and the Departmental Valuation Officer (DVO). The assessee had declared a long-term capital gain of Rs.2,89,95,119/- from the sale of a house property. The Assessing Officer initially accepted the valuation provided by the assessee but later revised it based on the DVO's report without giving the assessee an opportunity to object. The Commissioner of Income Tax (Appeals) upheld the addition, leading to the current appeal to the Income Tax Appellate Tribunal.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the assessee was given adequate opportunity to object to the DVO's valuation report.

Judgment Outcome

Decided in favour of Assessee.

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