MAHA MAI DEVELOPERS & CO.,,KOLKATA vs. ITO, WARD 3(1),, KOLKATA

ITA 559/KOL/2026Status: DisposedITAT Kolkata29 June 2026AY 2018-201914 pages
AI SummaryAllowed

What were the facts?

The Assessing Officer (AO) made an addition to the assessee's income based on the difference between the stamp duty value and the consideration paid for a property, without waiting for the Valuation Officer's report. The CIT(A) upheld this addition. The assessee raised an additional ground before the ITAT, arguing that the assessment was unsustainable due to the AO's failure to await the DVO's report and provide an opportunity to be heard.

What did the Tribunal hold?

The Tribunal held that the assessment order was not sustainable as it was passed without awaiting the mandatory Valuation Officer's report, violating Section 50C(2) and principles of natural justice. The subsequent rectification order was also deemed invalid. The Tribunal quashed the assessment order.

What were the issues?

Whether an assessment order passed without awaiting the mandatory Valuation Officer's report is sustainable in law, and whether the assessee was denied a fair opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 50C(2),Section 143(3),Section 155(15),Section 153,Section 142A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

For Appellant: Shri AK Tibrewal, AR
For Respondent: Shri Sandip Sarkar, DR
Hearing: 16.06.2026Pronounced: 29.06.2026

Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 09.12.2025 for the AY 2018-19. 2. At the time of airing, the ld. Counsel for the assessee has raised additional ground which is extracted below:-

“1) The Appellant/Petitioner filed the aforesaid appeal on 13th February 2026 before the Hon'ble Income Tax Appellate Tribunal, Kolkata against the order of the learned Commissioner of Income Tax (Appeals) NFAC passed on 09th December 2025 u/s 250 of the Income Tax Act, 1961 for the MAHA MAI DEVELOPERS & CO.; A.Y. 2018-19 Assessment Year 2018-19. The relevant Assessment Order was passed on

The order continues below.

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