TMI Blog2021 (3) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - I.T.A. No. 1532/Ahd/2019 - - - Dated:- 18-3-2021 - Waseem Ahmed, Member (A) and Madhumita Roy, Member (J) For the Appellant : Divyay J. Shah, AR For the Respondents : S.S. Shukla, Sr. DR ORDER Madhumita Roy, Member (J) The instant appeal filed by the assessee is directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,726/- on account of short-term capital gain in the hands of the assessee. During the pendency of the appeal the appellant made a request before the Ld. CIT(A) to make a reference to the Department Valuation Cell for determining the fair market value of the property in question which was not taken into consideration by the Ld. CIT(A) and the order of addition to the tune of ₹ 28,22,726/- on account of short-term capital gain has been confirmed by the Ld. CIT(A). 3. The Ld. Counsel appearing for the assessee submitted before us that the AO erred in adopting stamp duty valuation of ₹ 1,11,67,347/- under Section 50C of the Act and further making addition of ₹ 28,22,726/- as capital gain. He ultimately argued on this partic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded by number of judgments passed by the Co-ordinate Bench of this Tribunal, the Hon'ble jurisdictional High Court as well as Hon'ble High Court of Calcutta, which the Assessing Officer has failed to do. The relevant portion of the judgments passed by the Co-ordinate Bench of this Tribunal, as relied upon by the representative of the assessee, are as follows:- (i) Tarun Manmohan Garg vs. DCIT in ITA No. 3208/Ahd/2015 for AY 2011-12, order dated 22.08.2017 2. Learned representatives fairly agree that whatever we decide in ITA No. 3207/Ahd/2015 in the case of Manmohan Rajaram Garg vs. DCIT for the assessment year 2011-12, which we had heard along with this appeal, will apply mutatis mutandis for this appeal as well, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50C(2) but the appeal was turned down on the ground that assessee could not substantiate his claim of having made such a request in the course of assessment proceedings. The assessee is not satisfied and is in further appeal before me. 3. I have heard the rival submissions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 4. I find that, as held by Hon'ble Calcutta High Court in the case of Sunil Kumar Agarwal vs. CIT [ (2015) 372 ITR 83 (Cal)], even in the absence of specific request from the assessee, the Assessing Officer has to give an option to the assessee to follow the course provided by law under section 50C(2). I, therefore, uphold the grievance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the Hon'ble Calcutta High Court in the case of Sunil Kumar Agarwal vs. CIT (supra), I uphold the plea of the assessee and remit the matter to the file of Assessing Officer for adjudication denovo after referring the matter to the DVO under section 50C(2). As the matter has been remitted to the file of Assessing Officer with the above directions, it is not really necessary to deal with other aspects of the matter. 3. Respectfully following the views so taken by me in the case of Manmohan Rajaram Garg vs. DCIT (ITA No. 3207/Ahd/2015) for assessment year 2011-12, the issue raised by the assessee in this appeal is also allowed for statistical purposes. (ii) Sarita Sangam Society vs. DCIT in ITA No. 3562/Ahd/2016 for AY 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;s report, in accordance with the law, after affording an opportunity of hearing to the assessee and by way of a speaking order. The matter thus stands restored to the file of the Assessing Officer in the terms indicated above. 6. As we part with the matter, we may add that there is apparently also a dispute with respect of the point of time as to which stamp duty valuation is to be adopted - at the point of time when agreement to sell was finalized or when 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 As ..... X X X X Extracts X X X X X X X X Extracts X X X X
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