TaxTMI 
TaxTMI 
2021 (3) TMI 1046
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....o 'the Act') for Assessment Year 2013-14. 2. The brief facts leading to the case is this that the appellant has sold an immovable property of Rs. 50,00,000/- and also deposited cash of Rs. 4,50,000/- in his bank account. Upon getting such information the case was reopened under Section 148 of the Act by issuing notice followed by a show-cause notice dated 31.10.2017 proposing addition of Rs. 28,22,115/- being the 34% share of the worked out short-term capital gain in respect of the co-owned property which was purchased on 02.08.2010 and sold on 19.06.2012. It is relevant to mention that the said agricultural land situated at Pethapur village bearing Survey No. 6 and admeasuring 6767 sq. mtrs. was transferred by the appellant by w....
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....ther drew our attention to the written submission-II made before the Ld. CIT(A) Gandhinagar wherefrom it reflects that request was duly made before the Ld. CIT(A) to determine value by the Departmental Valuation Officer(DVO) as per Section 50C(2) of the Act. He, therefore, prays for setting aside the issue to the Ld. AO with a further direction upon him to refer the matter to the DVO for determining the valuation of the property in question in terms of the Section 50C of the Act. In this regard, he also relied upon two judgments passed by the Coordinate Bench in ITA No. 2087/Ahd/2013 (Narendra Dahyabhai Patel vs. ITO) and ITA No. 782/Ahd/2017 (Pranay N Vora vs. ITO). While dealing with the issue in the case of Pranay N. Vora vs. ITO t....
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....he same result must follow here as well. In my said order, I have, inter alia, observed as follows: "2. When this appeal was called out for hearing, learned counsel for the assessee invited our attention to order dated 31st August 2016, passed by this Tribunal, in the case of Narendra Dahyabhai Patel vs. ITO in ITA No. 2087/Ahd/2013, by which the issue in appeal before me is said to be covered. Learned counsel submits that the short issue requiring our adjudication in this case is whether or not, in the absence of a specific request made by the assessee during the assessment proceedings for reference being made to the DVO under section 50C, such reference could be directed by the appellate authorities. In this connection, she invit....
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....ary to deal with other aspects of the matter. She thus urges me to remit the matter to the file of Assessing Officer with the direction to refer the matter to the DVO under section 50C(2). 4. Learned Departmental Representative does not dispute the fact that the issue is squarely covered by the aforesaid decision of the Tribunal but points out that no such request for reference to DVO was made by the assessee in the course of assessment proceedings. He thus relies upon the orders of the authorities below. 5. 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. I find that as noted by the Tribunal in the case of Narendra Dahya....
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.... property", the Assessing Officer may refer the valuation of the property to the Departmental Valuation Officer. Clearly, therefore, a specific request for reference to the Departmental Valuation Officer is not at all required to be made by the assessee, and all that is required to invoke the reference to the Departmental Valuation Officer is a dispute being raised on valuation as per stamp duty valuation authority. In any event, as is the settled legal position in the light of Hon'ble 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 funct....
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....e matter and respectfully following the judgments passed by the Co-ordinate Bench of this Tribunal (supra), we are of the view that the matter be remitted to the file of the Assessing Officer for adjudication of the same de novo upon making reference to the DVO and to complete the assessment on the basis of the valuation so received from the DVO. We pass orders accordingly and direct the Assessing Officer to decide the matter afresh on the basis of the valuation to be made by the DVO by passing a speaking order in accordance with law upon giving a reasonable opportunity of hearing to the assessee. 8. In the result, the appeal of the assessee is allowed for statistical purposes." 4. It appears from the judgment narrated hereinbef....