DITIPRIYA MUKHERJEE,KOLKATA vs. ACIT, CIRCLE 37,, KOLKATA

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ITA 549/KOL/2026Status: DisposedITAT Kolkata24 June 2026AY 2017-20185 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the AO for re-adjudication after considering the DVO's valuation report, which was received after the assessment order was passed.

What were the facts?

The assessee, a co-owner with a 10% share, sold an immovable property. The Assessing Officer (AO) adopted the sale consideration at 10% of the guideline value under Section 50C, as the DVO report was not available at the time of assessment.

What were the issues?

Whether the AO correctly adopted the sale consideration based on the guideline value when the DVO report was pending, and if the subsequent DVO report should be considered.

Which sections of the Income-tax Act were involved?

Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH,

Hearing: 24/06/2026Pronounced: 24/06/2026

आदेश / O R D E R Per George Mathan, JM: This is an appeal filed by the assessee against the order of the CIT, APPEAL ADDL/JCIT(A)-4, CHENNAI [hereinafter referred to as the ‘CIT(A)’] in appeal no. CIT(A), Kolkata-11/10236/2019-20 dated 24.12.2025. 2. Shri Manish Tiwari, FCA represented on behalf of the assessee and Shri Mrinmay Basak, Sr. DR represented on behalf of the revenue.

3.

It was submitted by the ld. AR that the assessee has sold an immovable property as a co-owner holding 10% share. The property

ITA 549/Kol/2026

was sold for a consideration of Rs.2,78,00,000/-. The guideline value of the property was shown at Rs.4,30,76,610/-. The Assessing Officer admittedly had referred the valuation to DVO and the valuation report has not come by the time that the assessment order was passed on 27.12.2019. The Assessing Officer adopted the sale consideration at 10% of the guideline value by applying the provisions of section 50C of the Act. The ld. AR placed before us a copy of the DVO report dated 18.12.2020 which reads as follows:

ITA 549/Kol/2026

ITA 549/Kol/2026

3.1 It was the submission that he has no objection if the issues are restored to the file of the Assessing Officer to apply DVO valuation in so far as the Assessing Officer valued the property being 10% of the guideline value in the hands of the assessee against the actual receipt of Rs.29,81,845/-. 4. In reply, the ld. Sr. DR vehemently supported the order of the Assessing Officer and ld. CIT(A). It was further submitted that he has no objection if the issue is restored to the Assessing Officer for applying the DVO valuation. 5. I have considered the rival submissions. A perusal of the facts in the present case clearly shows that the DVO report has been received after the assessment order. This being so, the issues in this appeal are restored to the file of the Assessing Officer for re- adjudication after considering the valuation done by the DVO. 6. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 24/06/2026.

Sd/- (GEORGE MATHAN) न्यधनयक सदस्य / JUDICIAL MEMBER

ITA 549/Kol/2026

Kolkata, Dated: 24/06/2026 RS आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. संबंधित आयकर आयुक्त / Concerned CIT 4. आयकर आयुक्त(अपील) / The CIT(A)- 5. ववभागीय प्रतततनधि, आयकर अपीलीय अधिकरण,/ DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file.

BY ORDER,

Asstt. Registrar, ITAT, Kolkata

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