TMI Blog2018 (6) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... to make reference to DVO and the right of the assessee under section 50C is a statutory right. In the circumstances and facts of the case we find no infirmity in the order of the learned Commissioner of Income-tax (Appeals) that the Assessing Officer should have considered the objections raised by the assessee against the same and should have referred the matter to the DVO under sub-section (2) of section 50C of the Act - I. T. A. No. 241/Jodh/2017 - - - Dated:- 20-2-2018 - B. P. Jain (Accountant Member) and Sudhanshu Srivastava (Judicial Member) Arvind Kumar, Joint Commissioner of Income-tax Departmental representative, for the appellant. Suresh Ojha, authorised representative for the respondent. ORDER B. P. Jain ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale consideration as per the DLC rates which were determined by the stamp valuation authority especially when the matter is pending at adjudication before the Kar Board Ajmer. Ground No. 4 : Whether on the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) has erred in deleting the addition made by the Assessing Officer on account of chargeability of capital gain on an asset namely Jagir (immovable property being land) and applying the provisions of section 50C thereof and treating the sale consideration, as per the DLC rates which were determined by the stamp valuation authority when reference to the valuation officer as per the provisions of section 50C(2) is not mandatory and especially w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Department Valuation Officer could not be made in view of the provisions of sub-section (2) of section 50C of the Act, as the litigation for the charging of stamp duty is pending before the KAR Board, Ajmer. The matter of the assessee regarding chargeability of stamp duty is pending before the Rajasthan Revenue Board, Ajmer as stated by the authorised representative of the assessee vide order-sheet entry dated March 10, 2014. The Assessing Officer had no alternative but to compute the income of the assessee in view of the provisions of section 50C of the Act as the assessment was getting barred by limitation on March 31, 2014. 7. The learned Commissioner of Income-tax (Appeals) deleted the additions holding that before adoption o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he issue therefore in the impugned appeal is whether the word may really provides discretion to the Assessing Officer even when the assessee has protested the valuation for stamp duty purpose. 10. The Income-tax Appellate Tribunal, Mumbai in the case of Nandita Khosla [2011] 11 taxmann.com 344 laid down that where the assessee has pointed out strong reasons that the sale consideration was less than the value determined for stamp duty purposes, then such cases have to be referred to the DVO. The Income-tax Appellate Tribunal, Chennai also examined the issue is the case of A. Shaik Mohideen v. ITO [2009] 123 TTJ 411 (Trib-Chennai) ; [2009] 24 DTR 63 and laid down as under: It has to be appreciated as to what is it that the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue adopted by the stamp valuation authority by the Assessing Officer is against the spirit of section 50C of the Act. It is not optional for the Assessing Officer to make reference to DVO and the right of the assessee under section 50C is a statutory right. In the circumstances and facts of the case we find no infirmity in the order of the learned Commissioner of Income-tax (Appeals) that the Assessing Officer should have considered the objections raised by the assessee against the same and should have referred the matter to the DVO under sub-section (2) of section 50C of the Act. Accordingly all the grounds raised by the Revenue are dismissed. 13. In the result the appeal of the Revenue in I. T. A. No. 241/Jodh/2017 is dismissed. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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