DHARAM VIR SINGH,GHAZIABAD vs. ITO WARD 2(1)(2), GHAZIABAD
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2017-18
arises against the Addl./JCIT(A)-1, Delhi’s DIN & order No.
ITBA/APL/S/250/2025-26/1081763232(1) dated 15.10.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have invoked section 50C of the Act for adding the difference between the assessee’s sale price of the relevant capital asset amounting to Rs.16,00,000/- and stamp valued thereof of Rs.30,50,000/-, as his capital gains derived in the relevant previous year, in assessment order dated 29.04.2019 as upheld in the lower appellate discussion. Dharam Vir Singh
2
4. That being the case, learned departmental representative could hardly dispute that both the lower authorities have nowhere made any statutory reference to the DVO u/s 50C(2) of the Act which has been held mandatory in Sunil Kumar
Aggarwal Vs. CIT (2015) 372 ITR 83 (Cal.). I accordingly deem it appropriate to restore the assessee’s instant sole substantive ground back to the learned assessing authority for it’s afresh appropriate adjudication as per law in very terms. All other issues are kept open at this stage.
This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 23/12/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/12/2025
*Subodh Kumar, Sr. PS*