DARSHAN CONSRUCTION,MUMBAI vs. ASSESSING OFFICER, ASSESSMENT UNIT INCOME TAX DEPARTMENT
Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
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Per Rahul Chaudhary, Judicial Member:
The present appeal preferred by the Assessee is directed against the order, dated 11/02/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘the CIT(A)’] whereby the Ld. CIT(A) had dismissed the appeal against the Assessment Order, dated 22/05/2023, passed under Section 147 read with Section 144B of the Income Tax Act, 1961 for the Assessment Year 2017-2018. 2. The Assessee has raised following grounds of appeal :
“1. The Ld. CIT(A) did not provide the appellant with a fair opportunity to present its case regarding the incorrect stamp duty valuation and the necessity of referring the matter to the DVO.
Assessment Year 2017-2018
The AO made an addition of Rs.1,00,55,000/- based on the stamp duty valuation without considering the actual sale price of Rs.85,00,000/-. The appellant order was passed without giving the appellant a reasonable opportunity to present additional evidence. The Ld. CIT(A) failed to provide a fair opportunity to contest the stamp duty valuation, disregarding objections without proper verification, making the addition legally unsustainable.
The Ld. CIT(A) erred in making an addition under Section 43CA solely based on the stamp duty value without directing to refer the matter to the DVO, despite the appellant’s objection, violating the provisions of Section 50C(2) read with Section 43CA(2).
The stamp duty valuation was erroneously determined due to a mistake by the