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TMI Blog2021 (1) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Ld. CIT(A) being not in conformity with section 251 of the Act is bad in law. Consequently, we annulled the order passed by the Ld. CIT(A) and allowed the appeal filed by the assessee. Thus the relevant provisions of the Act as mentioned hereinabove have been followed. Consequently, there being no mistake in the order passed by the Tribunal, the MA being devoid of merit, is hereby dismissed. - M.A. No. 265/MUM/2020 (ITA No. 2305/MUM/2018) - - - Dated:- 18-1-2021 - SHRI RAVISH SOOD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Revenue by : Mr. Gurbinder Singh, DR Assessee by : Mr. Chetan Karia, AR ORDER PER N.K. PRADHAN, A.M. By means of this Miscellaneous Application (MA), the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Ld. CIT(A) vide order dated 23.03.2018 has held on the above ground, which reads as under : Ground 2e is against not making reference to valuation officer in accordance with provisions of section 50C(2). In this case the 3 units were sold, not on uniform prices. I find that in paragraph 9 of letter dated 27.10.2014 the assessee had made the submissions as an alternative claim. This was to be considered by the Assessing Officer. This procedural lacunae needs to be cleared. Accordingly Assessing Officer is directed to make a reference to Valuation Officer in accordance with provisions of section 50C(2) and adopt figure as determined by him read with provisions of relevant section. The ground is treated as partly allowed. As m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h fresh assessment and determine, where necessary, the amount of tax payable on the basis of such fresh assessment from section 251(1)(a), the power for the first appellate authority to set aside the assessment order has been withdrawn (w.e.f. 1-6-2001). Further, the first appellate authority cannot -(w.e.f. 1-6-2001) refer the case back to the Assessing Officer for making a fresh assessment in accordance with the directions given by the Commissioner (Appeals) and after making such further inquiry as may be necessary, the Assessing Officer shall thereupon- -(w.e.f. 1-6-2001) proceed to make such fresh assessment and -(w.e.f. 1-6-2001) determine, where necessary, the amount of tax payable on the basis of such fresh assessment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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