ZAVERCHAND GAEKWAD LIMITED vs. INCOME TAX OFFICER WARD 4 (4)
What did the High Court hold?
The High Court of Gujarat, in this Tax Appeal, held that the substantial question of law framed in the appeal, concerning the invocation of Section 55A of the Income Tax Act, 1961, was covered by a judgment of the Apex Court in the case of Commissioner of Income Tax v. Gauranginiben S. Shodhan Indl., reported in 367 ITR 238. Consequently, the appeal was allowed, with the substantial question of law being answered in favour of the assessee. The reasoning is that the co-ordinate bench's decision in Gauranginiben's case, which addressed a similar substantial question of law regarding Section 55A, was binding. No costs were awarded. The pending civil application was consigned to record.
What were the facts?
This case involves a Tax Appeal filed by Zaverchand Gaekwad Limited against the Income Tax Officer, Ward 4(4). The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The core issue revolves around the Assessing Officer's (AO) justification in invoking Section 55A of the Income Tax Act, 1961, to refer the property's fair market value as of April 1, 1981, to the District Valuation Officer (DVO). The procedural history leading to this appeal is not detailed in the provided text, beyond the fact that the ITAT's decision is under challenge.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the Assessing Officer was justified in invoking the provisions of Section 55A of the Income Tax Act, 1961, to the District Valuation Officer (DVO) for ascertaining the Fair Market Value of the property as on 01.04.1981? Assessee's Contention: The judgment does not explicitly record the assessee's arguments. Revenue's Contention: The judgment does not explicitly record the revenue's arguments. However, the AO's action of invoking Section 55A implies the revenue's position was that such invocation was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
In this appeal following substantial question of law has C/TAXAP/866/2009 JUDGMENT DATED: 14/09/2022 been raised :- “1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the Assessing Officer was justified in invoking the provisions of Section 55A of the Income Tax Act, 1961, to the District Valuation Officer (DVO) for ascertaining the Fair Market Value of the property as on 01.04.1981?”
The co-ordinate Bench in the matter of Commissioner of Income Tax v. Gauranginiben S. Shodhan Indl., reported in 367 ITR 238 has answered the substantial question of law framed in the instant appeal, namely in relation to the provisions of Section 55A of the Income Tax Act, 1961. 3. Since, substantial question of law framed in this appeal, stands fairly covered in favour of the assessee by judgment of Apex Court in Gauranginiben’s case referred to supra, this appeal is allowed by answering the substantial question of law in favour of the assessee. No orders as to costs. Pending application stands consigned to record as it would not survive for consideration. (ARAVIND KUMAR,CJ) (ASHUTOSH J. SHASTRI, J) phalguni
More judgments on Section 55A
- Reshma Dilip Ramrakhyani, Gandhidham vs ITO Ward 2 Gandhidham, GandhidhamITA 895/RJT/2025[2014-15]Status: Disposed28 Sept 2026AY 2014-15
- Reshma Dilip Ramrakhyani, Gandhidham vs ITO Ward 2 Gandhidham, GandhidhamITA 895/RJT/2025[2014-15]Status: Disposed28 Sept 2026AY 2014-15
- Naghma Mosarrat, Gaya Bihar vs ITO, GayaITA 306/PAT/2026[2016-17]Status: Disposed23 Sept 2026AY 2016-17
- Juris Matrix Advisors Private Limited… vs ITO Ward 12(3)(1), MumbaiITA 1831/MUM/2026[2016-17]Status: Disposed11 Sept 2026AY 2016-17
- Shri Ganesh Subramaniam, Chennai vs ITO, Ncw-9(1), ChennaiITA 1942/CHNY/2025[2011-12]Status: Disposed5 Aug 2026AY 2011-12
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