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2021 (3) TMI 1046 - AT - Income TaxCapital gain computation - reference to the matter to the DVO for determining the valuation of the property in question in terms of the Section 50C - HELD THAT:- It is mandatory on the part of the AO to refer the matter to the DVO under Section 50C(2) of the Act, even if it is not requested by the assessee before the authorities below. If that view has been taken by the different judicial forum then though admittedly the said plea was not taken before the AO rejection of such request made before the Ld. CIT(A) is palpably bad in view of Section 50C of the Act and in that view of the matter respectfully relying upon the judicial pronouncements we do not hesitate to delete the addition made by the Ld. CIT(A). We find it fit and proper to remit the issue to the file of the Ld. AO with a further direction upon him to make fresh assessment upon making reference of the matter to the DVO and to complete the assessment on the basis of the valuation so received from the DVO upon giving an opportunity of being heard to the assessee. Assessee's appeal is allowed for statistical purposes.
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