M/S. RAJESH AUTO MERCHANDISE PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(3), , KOLKATA

Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the ld. Commissioner of Income-tax (Appeals), Kolkata-27, (hereinafter referred to as the “Ld. CIT(A)”] dated 19.03.2025 for the AY 2021-22. 02. The assessee has challenged the order of ld. CIT (A) affirming the addition of ₹5,03,71,311/- as made by the ld. AO u/s 56(2)(x) of the Act without referring the issue to the District Valuation Officer (DVO). 03. At the outset, the ld. Counsel for the assessee pointed out that the addition made by the ld. AO without referring the issue to the DVO for valuation of the property and the addition was made u/s 56(2)(X) of the Act, which is wrong and against the provisions of the Act. Accordingly, the ld. Counsel for the assessee prayed before the bench M/s Rajesh Auto Merchandise Pvt. ltd; A.Y. 2021-22

that the issue may be restored to the file of the ld. AO with a direction to frame the assessment denovo after obtaining a valuation report from the DVO and after granting reasonable opportunity of hearing to the assessee. The ld. DR did not oppose the argument of the ld. AR that the addition was made u/s 56(2)(x) of the Act, without valuation report from the District Valuation Officer (DVO). Consequently, we restore the issue to the file of the ld. AO to decide the same afresh after obtaining a DVO report and after affording a reasonable opportunity of hearing to the assessee. The appeal is partly allowed for statistical purposes.
04. In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 15.09.2025. (PRADIP KUMAR CHOUBEY)
(RAJESH KUMAR)
(JUDICIAL MEMBER)
(ACCOUNTANT MEMBER)

Kolkata, Dated:15.09.2025
Sudip Sarkar, Sr.PS

Copy of the Order forwarded to:

BY ORDER,//

Sr. Private Secretary/ Asst.