VIJAYA PRASAD PONNAM,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

ITA 828/VIZ/2025Status: DisposedITAT Visakhapatnam24 July 2026AY 2012-138 pages
AI SummaryRemanded

What were the facts?

The assessee sold an immovable property for Rs. 16.38 lakhs, but the SRO value was Rs. 39.31 lakhs. The Assessing Officer (AO) assessed capital gains based on the SRO value, as the assessee had not filed a return or offered capital gains. The Commissioner (Appeals) upheld the AO's order.

What did the Tribunal hold?

The Tribunal admitted an additional ground of appeal concerning the AO's failure to provide an opportunity to object to the SRO value under Section 50C. The Tribunal restored the matter to the AO for fresh adjudication.

What were the issues?

Whether the AO erred in invoking Section 50C without providing the assessee an opportunity to object to the stamp duty value and seek reference to the Valuation Officer, thereby violating principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 50C,Section 144,Section 45(2),Section 54B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

PER SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER:

This appeal is filed by the Assessee against the order of the Commissioner of Income Tax(Appeals) [“Ld.CIT(A)”] vide DIN: ITBA/APL/S/250/2025-26/1081326655(1) dated 30.09.2025 for the 1

ITA 828/VIZ/2025 Vijaya Prasad Ponnam

Assessment Year 2012-13, arising out of asses

The order continues below.

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