MEENA VERMA,NEW DELHI vs. ITO, WARD-32(2), NEW DELHI

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ITA 7222/DEL/2018Status: DisposedITAT Delhi04 January 2022AY 2015-162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and restored the issue to the AO. The AO is directed to obtain a valuation report from the Valuation Officer as per Section 50C of the Act and provide the assessee an opportunity to present its case.

What were the facts?

The Assessing Officer made an addition of Rs. 69,70,000/- by invoking Section 56(2)(vii)(b)(ii) of the Act, considering the property sale consideration to be undervalued based on stamp duty valuation. The assessee contended that the AO did not refer the matter to the valuation cell for determining the intrinsic value.

What were the issues?

Whether the Assessing Officer can make additions based on stamp duty valuation without referring the property to the Valuation Officer for determining its fair market value.

Which sections of the Income-tax Act were involved?

Section 56(2)(vii)(b)(ii),Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E” DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri R.S. Singhvi, CA
For Respondent: Ms. Princy Singla, Sr.D.R

PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-XI, New Delhi dated 12.09.2018 arising from the order passed by the Assessing Officer u/s. 143(3) of the Act dated 21.12.2017 concerning Assessment Year 2015-16.

2.

As per the grounds of appeal, the assessee has agitated the additions of Rs.69,70,000/- made by the Assessing Officer by invoking Section 56(2)(vii)(b)(ii) of the Act.

3.

We have heard the rival submissions on the above disputes. It is the case of the assessee that the Assessing Officer has made additions merely on the basis of the valuation of the properties for stamp duty purposes without making any reference to the valuation cell for determination of intrinsic value of the property in question for which sale consideration is alleged to be undervalued. Section 50C(2) provides that the Assessing Officer may refer the valuation of the capital asset to the Valuation Officer in the circumstances where the assessee claims before the Assessing Officer that the value adopted by the Stamp Valuation Authority exceeds the fair market value of the property as on the date of transfer. Having regard to the statutory stipulation made in the deeming provision of Section 50C, we consider it expedient to set aside the order of the ld. CIT(A) and restore the issue back to the file of the Assessing Officer with a direction to obtain the valuation report from the Valuation Officer as contemplated in Section 50C of the Act and give a suitable opportunity to the assessee to substantiate its stand and furnish rebuttal to the opinion of the Valuation Officer, if so considered fit and proper by the assessee. After giving proper opportunity to the assessee, the Assessing Officer shall pass the assessment order denovo in accordance with law.

4.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open Court on 04/01/2022.

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