Search Results Page
Search Results
1 - 3 of 3 (2.76 seconds)A. Rami Reddy, Hyd., Hyderabad vs Ito,Ward-11(3), Hyd, Hyderabad on 4 August, 2017
7. We have heard the rival contentions and purused the material
available on record. On careful examination of the issue raised before
the Coordinate Bench, the contentions so raised by the assessee and
the findings given by the Coordinate Bench, we are of the view that the
contention of the assessee so raised during the original proceedings
regarding determination of stamp duty value as on the date of
agreement rather than the date of registration with the stamp duty
authorities has apparently remained unanswered and has not been
adjudicated upon. So, it is the case regarding applicability of the ratio
laid down by the Coordinate Bench in case of Moole Rami Reddy Vs ITO
(supra) which has been rendered in the context of the legal proposition
so advanced by the assessee and which has been wrongly understood
as rendered in the context of harshness of law. In our view, the said
legal contention and the decision of the Coordinate Bench goes to the
root of the matter and the same needs to be examined. The same
apparent missed the attention of the Coordinate Bench while disposing
off the earlier misc. petitions.
M/S Motilal Padampat Sugar Mills Co. ... vs State Of Uttar Pradesh And Ors on 12 December, 1978
"2.6 I have heard the rival contentions and perused and the material
available on record as also written submission filed by the assessee. As
per the unambiguous provisions of section 50C, the sale consideration
of a transfer of property shall be deemed to be value of as taken by the
registration authorities for levy of stamp duty commonly known as DLC
rate, which are duly published in public domain. Sec. 50C being a
5 M.A. No. 81 & 80/JP/2017
Shri Yash Agarwal, Alwar vs ITO, Alwar
mandatory deeming provision and assessee case being not covered in
prescribed exceptions in the absence of any challenge the DLC valuation
or request for DVO valuation, assessee plea about harshness of
law or applicability of Padampat case of Moole Rasi case have
not merit. In the entirety facts and circumstances, I find no infirmity in
the orders of ld. AO & CIT(A) which are upheld; both appeals of the
assesses are dismissed."
1