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2024 (5) TMI 1097 - AT - Income TaxAddition invoking the provisions of section 50C - Reference to DVO - market/fair value of the property was less than the value adopted by stamp duty authority and that the matter may be referred to the DVO as per the provisions of section 50C - HELD THAT - AR has duly demonstrated from the assessment order as well as from the appellate order of the CIT(A) that the assessee right from the very beginning claimed that the fair market value of the property was less than the stamp duty value adopted by the stamp duty authority/collector rate and that the matter may be referred to Departmental Valuation Officer to ascertain the correct and fair value of the property at the time of transaction. The said contention of the assessee has been rejected by both the lower authorities without assigning any reason. Both the lower authorities therefore have failed to act according to the statutory provisions of section 50C(2) of the Act and summarily rejected the plea of the assessee to get fair value of the property from the Departmental Valuation Officer without assigning any reason. The addition made by the Assessing Officer under the circumstances is not sustainable in the eyes of law. The issue is squarely covered by the decision of Hari Om Garg 2019 (5) TMI 1834 - ITAT AGRA while referring to the various decisions of the Hon ble High Court including that of Sunil Kumar Agarwal Vs. CIT 2014 (6) TMI 13 - CALCUTTA HIGH COURT has held that the additions made by the Assessing Officer under such facts and circumstances are not sustainable and the same are liable to be set aside. Addition made by the lower authorities is not sustainable and the same is accordingly ordered to be deleted. Appeal of the assessee stands allowed.
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