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TMI Blog2018 (5) TMI 1768X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessee appellant has challenged correctness of the order dated 23rd September, 2016, passed by the Learned CIT(A) in the matter of assessment under section 143(3) r.w.s 147 of the Income Tax Act, 1961 for the assessment year 2012-2013. 2. Grievance of the assessee, in substance is against learned CIT(A) upholding the additions of Rs. 30,58,775/- under section 50C, in adopting sale conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceeded to frame the assessment by adopting deemed sale consideration at Rs. 49,52,545/- . Aggrieved, assessee carried the matter in appeal but without any success. Learned CIT(A) confirmed the action of the Assessing Officer, and declined to interfere in the matter. The assessee is not satisfied and is in further appeal before us. 4. We have heard the rival submissions, perused the material on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Calcutta High Court's judgment in the case of Sunil Kumar Agarwal Vs. CIT (GA No.3686/2013; judgement dated 13th March 2014) "even in a case where no such prayer is made by the assessee ...... the Assessing Officer, discharging a quasi judicial function has the bounden duty to act fairly and to give a fair treatment by giving him an option to follow the course provided by the law''. In the ligh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale deed was registered. This aspect of the matter is not really relevant at present as the matter stands restored to the Assessing Officer for the purpose of Departmental Valuation Officer's valuation. However, suffice to add, while examining this aspect of the matter, the Assessing Officer will take into account binding judicial precedents on the issue, including in the case of Dharmashi Bhai S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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