2015 (4) TMI 475 - AT - Income Tax

Tribunal sets aside orders, directs AO to consider additional ground on fair market value.

Shri Nikunj kumar H. Jariwala Versus ITO

The Tribunal allowed the appeal for statistical purposes, setting aside the lower authorities' orders and directing the Assessing Officer to consider the ... Stamp duty valuation u/s.50C - difference in the value of the property declared by the assessee as sale consideration and adopted by the stamp valuation authority - Held that:- AO has made addition on the basis of the difference in the value of the property declared by the assessee as sale consideration and adopted by the stamp valuation authority - in view of the provisions of section 50C(2) of the Act, we are of the considered view that the AO was not justified in adopting the value of the property as adopted by the “stamp valuation authority” without referring to the DVO for ascertaining the fair market value of the property. Therefore, the orders of the authorities below on this issue are hereby set aside and the additional ground raised by the assessee is restored back to the file of AO to decide the same in accordance with law - Matter remanded back - Decided in favour of assessee. Issues:1. Additional ground raised by the assessee regarding referral to DVO for fair market value determination under section 50C(2) of the Income Tax Act, 1961.Analysis:Issue 1: Additional ground raised by the assessee regarding referral to DVO for fair market value determination under section 50C(2) of the Income Tax Act, 1961The appeal by the Assessee was against the order of the Ld. Commissioner of Income Tax (Appeals) dated 28/06/2011 for Assessment Year 2008-09. The assessee restricted arguments to an additional ground related to the referral to the Departmental Valuation Officer (DVO) concerning the stamp duty valuation under section 50C. The contention was that the AO should have referred to the DVO for determining the fair market value of the property, as mandated by section 50C(2) of the Act. The assessee highlighted a similar case where the valuation was referred to the DVO, resulting in the determination of fair market value. The AO computed Long Term Capital Gain based on the difference between the value declared by the assessee and the stamp valuation authority. The assessee argued that the AO failed to consider the provisions of section 50C(2) which allow for referral to the DVO if the value exceeds the fair market value. The Tribunal agreed with the assessee and set aside the orders of the authorities below, restoring the additional ground to the AO for proper consideration in accordance with the law. The AO was directed to provide the assessee with a reasonable opportunity to be heard before making a decision. The appeal was allowed for statistical purposes.This judgment primarily focused on the interpretation and application of section 50C(2) of the Income Tax Act, 1961 regarding the referral to the Departmental Valuation Officer for determining the fair market value of a property. The Tribunal emphasized the importance of following statutory provisions and ensuring that proper procedures are followed in assessing capital gains.