CHANDER PARKASH GROVER,GURGAON vs. ASSESSING OFFICER, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(A) erred in confirming the addition as the Assessing Officer had already modified it based on the DVO's report through a rectification order. Therefore, the CIT(A)'s order lacked merit.
What were the facts?
The Assessing Officer made an addition of Rs. 21,04,800/- based on stamp duty value. Subsequently, the DVO determined the fair market value at Rs. 22,44,500/-, and the Assessing Officer rectified the addition based on this report. The CIT(A) confirmed the original addition despite the rectification.
What were the issues?
Whether the CIT(A) was justified in confirming an addition that had already been rectified by the Assessing Officer based on a DVO's report.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘F’ NEW DELHI
Before: SHRI VIKAS AWASTHY
PER SHRI AMITABH SHUKLA, AM This appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre, New Delhi, dated 18.03.2026, arising out of assessment order passed under section u/s 147 r.w.s 144B, dated 30.03.2022, of the Act for the Assessment Year 2017-18. The word ‘Act’ herein this order would mean Income Tax Act, 1961.
ITA No.3954/DEL/2026 CHANDER PARKASH GROVER
The only issue raised by the assessee is regarding the decision of the ld. CIT(A) in confirming the addition made by the ld. Assessing Officer of Rs.21,04,800/-. through its order dated 30.03.2022. The ld. Counsel for the assessee placed the following brief factual matrix for our consideration. The Ld. Assessing Officer through his order u/s 147 r.w.s. 144B dated 30.03.2022 had made an addition of Rs.21,04,800/- to the returned income. While doing so, the ld. Assessing Officer had adopted stamp duty value of Rs.42,04,800/-. The assessee had contested the impugned addition before the ld. CIT(A). Meanwhile, in response to a reference by the ld. Assessing Officer, valuation report dated 26.04.2022 was submitted by the DVO determining fair market value of the property at Rs.22,44,500/-. The ld. Assessing Officer proceeded to pass an order u/s 154 dated 27.09.2023 and recomputed the capital gains adopting DVO’s report. The assessee conveyed this fact to the ld. CIT(A) through reply dated 17.03.2026 requesting for withdrawal of the appeal. Copy of letter dated 17.03.2026 filed before ld. CIT(A) has been placed on record. The ld. CIT(A) however proceeded to confirm the addition made by the ld. Assessing Officer through his order dated 18.03.2026 on the premise of non-compliance. The assessee is assailing the impugned order. 3. Heard rival parties and perused the material available on record. 4. The ld. Counsel for the assessee vehemently argued that the order of ld. CIT(A) is incorrect as it choose to ignore the order u/s 154 passed by the ld. Assessing Officer. 5. The ld. DR placed reliance upon the order of the lower authorities. 6. We have noted from the rectification order dated 27.09.2023 placed at page 23 of the assessee’s paper book that the same was passed in consideration of the DVO’s report dated 26.04.2022 placed at pages 25 to 32 of the appellant’s paper book. Once,
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ITA No.3954/DEL/2026 CHANDER PARKASH GROVER
the ld. Assessing Officer has himself modified the addition u/s 154 of the Act, there was no merit with ld. CIT(A) to have pass the impugned order. We therefore set-aside the order of the ld. CIT(A) and allow the appeal of the assessee. 7. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 12th August, 2026.
Sd/- Sd/- [VIKAS AWASTHY] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 12.08.2026 Shekhar Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,
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