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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV
O R D E R आदेश आदेश आदेश The assessee is in appeal before the Tribunal against the order of learned Commissioner of Income-Tax (Appeals), Gandhinagar, Ahmedabad [“CIT(A)” in short] dated 05.09.2016 passed for Assessment Year 2012-13.
The Registry has pointed out that the appeal of the assessee is time barred by 22 days. The assessee has filed an application for condonation of delay. On due consideration of the application of the assessee as also considering the reason that the assessee had not received the order of Commissioner of Income Tax (Appeals) well in time as mentioned in the application, I deem it fit and proper to condone the marginal delay of 22 days in filing of the appeal before the Tribunal. I, therefore, condone the delay and proceed to decide the appeal on merits.
The assessee has taken five grounds of appeal; but her grievances revolve around a single issue viz. the learned Revenue Authorities have erred in determining the capital gain on sale of properties.
The brief facts of the case are that a non-agricultural land situated at Survey No.193/3, Harij was sold by 9 co-owners, including the assessee.
SMC- Mrs. JivibenTaljibhaiRabari Vs. ITO For AY: 2012-13 2 According to the sale deed, this land was sold for a consideration of Rs.25,00,000/-. However, for the purpose of stamp duty valuation, this value was taken at Rs.1,78,03,700/-. With the aid of Section 50C of Income-tax Act, 1961 (‘the Act’ in short), the learned Assessing Officer deemed full sale consideration at Rs.1,78,03,700/- for the purpose of calculating the Long Term Capital Gain under Section 48 of the Act. The assessee has disputed this assumption of sale consideration before the learned First Appellate Authority. The case of the assessee, on the other hand, is that in the case of other co- owners, a reference was made under Section 50C(2) of the Act to the Department Valuation Officer (DVO) and the DVO has given a remand report determining the value of the property on the date of sale at Rs.73,92,000/-. The learned First Appellate Authority dismissed the appeal of the assessee for the simple reason that no grounds have been annexed along with appeal, though she had pleaded in Form No.35 that grounds of appeal and statement of facts were separately annexed.
With the assistance of learned representatives, I have gone through the record carefully. The learned Counsel for the assessee has placed on record a copy of the remand report filed by the Assessing Officer in the case of other co- owners. Such copy of the remand report is available on page no.12 of the paper-book which read as under:-
“Office of the Income-tax Officer, Ward- 3 PATAN, 1ST FLOOR CHINMAY CORPORATE HOUSE PATAN DEESA HIGHWAY. PATAN-384265 PH NO (02766V226260
No. PTN/ITO-Wd.3/Remand Report/2016-17 Date: 21.06.2016 To, The CIT(Appeal), Gandhinagar.; Pratyakshkar Bhawan, Ambawadi, Ahemdabad. SMC- Mrs. JivibenTaljibhaiRabari Vs. ITO For AY: 2012-13 3
Sub: Remand report in case of Amartbhai T Rabari and others Ref: Your letter No.CIT(A)GNR/Remand Report/2016-17 dated- 01/09/2016
Kindly refer to the above subject matter and refer to the letter above.
In this case the assessee has sold the land with co-owners. In connection to which the valuation report was called for during the assessment proceedings but as the assessee did not attended the notices for hearing for submission of detail. The valuation officer has reported that the valuation cannot be carried without inspecting the property in the presence of assessee. Hence the case is temporarily closed. The assessment is done taking the valuation as per Jantri value of Rs.1,73,03,700/-. The assessee went in appeal before the CIT(Appeal). The remand report in this connection is called for for fresh valuation of the property. The valuation report of the land in question of the assessee and his co- owners is called from the valuation officer vide this office letter dated 30/ 12/2016. In this regard the valuation officer has made the valuation and send the report. The valuation officer has valued the property at Rs. 73,92,000/-. The Xerox copy of valuation report is submitted herewith for your reference. The remand report is submitted herewith as called for in the following cases.
1) Amratbhai T. Rabari 2)Babubhai T. Rabari 3)Gagabhai T. Rabari 4)Sitaben T. Rabari 5)Jitaben T. Rabari 6)Jiviben T. Rabari 7)Ramesh T. Rabari 8)Jaliben T. Rabari 9)Jayrambhai T. Rabari.