Anil Chaturvedi, Accountant Member - This appeal is filed by the Revenue against the order of Ld. CIT (A) III, Surat dated 30-6-2009 for the Assessment Year 2006-07.

2. The only effective ground raised by the Revenue is as under:-

"On the facts and in the circumstances of the case and in law, the Ld. CIT (A)-III, Surat has erred in deleting the addition of Rs. 41,45,255/- holding that the A.O. has not mentioned section 50C of the I.T. Act."

3. The facts of the case are that the appellant is an Individual. The appellant filed his return of income on 8.1.2007 declaring total income of Rs. 80,050/-. The case was selected for scrutiny and the assessment was completed u/s 143(3) on 30.12.2008 by determining the total income at Rs. 42,25,305/-. During the course of assessment proceedings the Assessing Officer (A.O) noticed that on 25-6-2004 i.e. in the A.Y. 2005-06, the appellant had booked a flat No.701 with M/s. Patel Brothers Construction Corporation, Patel Apartment, Byculla Mumbai, which was under-construction. The total agreed purchase price was Rs. 15,99,000/- out of which Rs. 50,000/- was payable at the time of booking and the balance amount was payable in installments in such