2016 (9) TMI 1682

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..... y and should have given the assessee opportunity of referring the matter to the DVO for verification, under section 50C(2). As relying on Raj Kumari Agarwal [2014 (7) TMI 867 - ITAT AGRA] we deem it fit and proper to remit the matter to the file of the AO with the direction to refer the valuation of property to the DVO u/s 50C(2). This is precisely what the learned Counsel for the assessee before us has prayed for.
PRAMOD KUMAR, AM For the Appellant : Sunil Agrawal For the Respondent : D.K. Jain ORDER By way of this appeal, the assessee appellant has challenged correctness of the order dated 18.03.2014, passed by the learned CIT(A), Bilaspur (C.G.), in the matter of assessment under section 143(3) of the Income Tax Act, 1961 for ass .....

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..... ly and should have given the assessee opportunity of referring the matter to the DVO for verification, under section 50C(2). As I say so, I may only refer to the following observation made by a Division Bench of this Tribunal in the case of Raj Kumari Agarwal vs. DCIT, 150 ITD 597: "6. We find that here is a case in which the assessee has specifically objected to the adoption of stamp duty valuation rate. The mere fact that the appellant has not challenged the stamp duty valuation cannot be put against the assessee. The authority for the this proposition is contained in, Hon'ble jurisdictional High Court's judgment, in the case of CIT Vs Chandra Narain Chaudhuri ([2013] 38 taxmann.com 275 (Allahabad), wherein Their Lordships have observed .....

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..... stamp duty. The legislature has taken care to provide adequate machinery to give a fair treatment to the citizen/taxpayer. There is no reason why the machinery provided by the legislature should not be used and the benefit thereof should be refused. Even in a case where no such prayer is made by the learned advocate representing the assessee, who may not have been properly instructed in law, 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 law." 7. As there is no binding judicial precedent contrary to what has been held by Hon'ble Calcutta High Court, as above, the esteemed views of Their Lordships, even t .....

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