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2022 (10) TMI 446 - ITAT LUCKNOWReopening of assessment u/s 147 - Addition invoking the provisions of section 50C - Whether there is a provision in the Act available to the CIT(A) to make a reference to the D.V.O.? - HELD THAT:- We find that it is a fact that on 28/03/2013, the notice u/s 148 was issued and then on 21/03/2014, notice u/s 143(2) was issued. Between the period 22/03/2014 to 27/03/2014 the assessee was out of station and therefore, the case could not be explained to the Assessing Officer. On 29/03/2014 itself the Assessing Officer completed the assessment u/s 144 of the Act. Before learned CIT(A), the assessee filed the valuation report but the CIT(A) dismissed the appeal of the assessee by holding that the assessee did not file the valuation report before Assessing Officer nor did he request the Ao to obtain report from D.V.O. CIT(A) further held that there is no provision in the Act available to the CIT(A) to make a reference to the D.V.O. and hence he dismissed the appeal. We find that the assessee did not get proper opportunity to explain his case before the authorities below and since the Assessing Officer has completed the assessment u/s 144 therefore, we deem it appropriate to remit back the issue back to the file of the Assessing Officer for re-adjudication after affording due and reasonable opportunity of being heard to the assessee.- Appeal of the assessee stands allowed for statistical purposes.
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