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2019 (8) TMI 470 - HC - Income TaxAddition based on the value adopted by the Stamp Duty Officer in terms of Section 50C - Assessee sought a reference to the DVO only at the last minute and that the AO is justified in declining to accept the request and in proceeding to finalize the assessment - HELD THAT - CIT(A) in the order dated 1st October, 2014 held that under Section 50 (C)(3) of the Act, the value adopted for payment of stamp duty can be adopted as sale consideration only if the fair market value determined by DVO is less than the value adopted for stamp duty purposes. In the present case since a report had not been obtained by making a reference to the DVO, the addition made by the AO was held not to be in accordance with the Act. This appears to be the consistent view taken by the ITAT in several cases, which have been referred to by the CIT (A) in the aforementioned order. The Court fails to appreciate how an AO can avoid making a reference to the DVO, when it is made more than one month earlier than the final date of completion of the assessment. It is not for the AO to presume that the valuation report would not be received in time. The mandatory language of Section 50C does not allow the AO to avoid making a reference thereunder and in surmising that the valuation report would not be received before the time limit for completion of assessment. That per se would not justify proceeding with making an addition when there was a specific request for reference of the matter to the DVO.
Issues:
1. Condonation of delay in re-filing the appeal. 2. Appeal against the order passed by the Income Tax Appellate Tribunal for the Assessment Year 2011-12. 3. Deletion of addition made by the Assessing Officer based on the value adopted by the Stamp Duty Officer. 4. Compliance with Section 50 C of the Income Tax Act, 1961 regarding valuation reports by the District Valuation Officer. 5. Justification of the Assessing Officer's decision to proceed with finalizing the assessment without waiting for the valuation report from the DVO. Analysis: 1. The delay in re-filing the appeal was condoned by the court for reasons stated, and the application was disposed of accordingly. 2. The Revenue appealed against the ITAT's order for the AY 2011-12, questioning the deletion of an addition made by the AO based on the Stamp Duty Officer's valuation. The main issue was whether the AO erred in not waiting for the DVO's valuation report before finalizing the assessment. 3. The Assessee, engaged in fabric business, declared a loss for the AY 2011-12 and carried forward a long-term Capital Loss on the sale of factory land. The AO made an addition based on Stamp Duty Officer's valuation, which the CIT (A) deleted, citing non-compliance with Section 50 C of the Act. 4. The CIT (A) held that the AO should have waited for the DVO's report before finalizing the assessment, as mandated by Section 50 C. The court emphasized that the AO cannot assume the report wouldn't be received in time and proceed with the addition, especially when a reference to the DVO was made well before the assessment completion date. 5. The court upheld the decisions of the CIT (A) and ITAT, stating that the AO's actions were not justified under Section 50 C. It was emphasized that the mandatory nature of the provision does not allow the AO to skip the DVO's valuation process based on assumptions. The appeal was dismissed, as no substantial question of law was found in the case. This detailed analysis covers the issues involved in the judgment, providing a comprehensive overview of the court's decision and reasoning behind the dismissal of the appeal.
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