Rajendra Giriraj Prasad Tiwari And Sona ... vs Union Of India (Uoi) And Ors. on 18 April, 1994
10. The AVO has valued the assessee's plots on the basis of sale of property No. J-3/133, Rajori Garden, New Delhi. The AVO had admitted that reference of this sale was recorded in his office. It means that the AVO had not seen the sale deed and the entire exercise was without any basis and unreliable. Rajouri Garden, New Delhi, is a different locality and there was no comparison with the plots of the assessee which are in Ramesh Nagar. The learned authorised representative submitted that the AVO had not supplied a copy of sale deed of comparable case and the valuation report based on that sale was in violation of natural justice. He referred to the case of Sona Builders v. Union of India (2001) 251 ITR 197 (SC). In this case it was held that the appropriate authority gave most inadequate time to the appellant and no copy of document relating to the sale instance was furnished by the appropriate authority to the appellant along with notice or at any time whatsoever. The Court held that on both the counts there had been gross breach of principle of natural justice. The AVO has submitted that no reliance can be placed on the registered sale deed of sale instance in view of Delhi Admn's Land & Building Department's letter dt. 3rd May, 1990. The learned authorised representative submitted that it is suffice to say that the sale consideration shown in the registered sale deed is real unless otherwise proved. The apparent is real unless otherwise proved. The sale consideration was accepted by the Sub-Registrar for the purpose of registration and stamp duty and even the ITO assessing the seller S. Inder Singh accepted the sale consideration for the purpose x>f capital gain. The seller is assessed to income-tax in Ward-A, Sriganganagar, and the return of income for the relevant year had been accepted. At the end the learned authorised representative requested that the issue should be decided on merit and the following value on the basis of sale instance may be adopted :