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TMI Blog2018 (9) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... . 782/Ahd/2017 - - - Dated:- 30-8-2018 - SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER For The Assessee : Ms. Adity Sheth, AR For The Revenue : Shri Vikram C.S. Sharma, Sr DR ORDER PER MS. MADHUMITA ROY, JUDICIAL MEMBER: The instant appeal has been filed by the assessee against the order dated 30.01.2017 passed by the Learned Commissioner of Income-tax (Appeals)-6, Ahmedabad (hereinafter referred to as CIT(A) ), arising out of the order dated 23.03.2015 passed by the Income Tax Officer, Ward-1(3), Bhavnagar under Section 143(3) of the Income-tax Act, 1961(hereinafter referred to as the Act ) for the Assessment Year 2012-13. 2. The grievances raised by the assessee in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Assessing Officer. The contention made by the assessee that the sale consideration received by him for the sale of plots was in accordance with the prevailing market rate as well as the value determined by the valuation authority was not accepted by the Learned Assessing Officer. Further that the stamp duty paid by the assessee for the purpose of registration of sale deed was of the higher value as compared to the prevailing stamp valuation duty at the time of undertaking the transaction of sale, as submitted by the assessee, was also not accepted by the Learned Assessing Officer. On perusal of the calculation sheet, the Assessing Officer came to the conclusion that the Stamp Valuation Authority has considered the jantri rate @ 1150 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A). He, therefore, prays for referring the matter to the DVO for making assessment under the facts and circumstances of the case. He relies upon the judgments of the Co-ordinate Bench of this Tribunal in the following cases:- (i) Tarun Manmohan Garg vs. DCIT in ITA No.3208/Ahd/2015 for AY 2011-12, order dated 22.08.2017 (ii) Sarita Sangam Society vs. DCIT in ITA No.3562/Ahd/2016 for AY 2013-14, order dated 16.05.2018 (iii) Mukesh Natvarlal Nagrawala vs. ACIT in ITA No.592/Ahd/2014 for AY 2010-11 5. Learned Departmental Representative, on the other hand, relies upon the orders passed by the authorities below. 6. We have heard the Learned representatives of the parties and perused the material available on record. We find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 invites my attention to the following observations made by the Tribunal in the case of Narendra Dahyabhai Patel vs. ITO (supra). 2. It is a case in which the Assessing Officer has adopted stamp duty valuation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute 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 Dahyabhai Patel vs. ITO (supra) the law is now well settled that even in the absence of a specific request from the assessee, the A.O. has to give an option to the assessee to follow the course provided by law under section 50C(2). There is a direct decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired 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 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 light of these discussions, as also bearing in mind entirety of the case, we deem it fit and proper to remit the matter to the file of the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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