RAMESH CHANDRA SHARMA,ALIGARH vs. ITO WARD 1(5), ALIGARH
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Income Tax Appellate Tribunal, “SMC” BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AGRA BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER & SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA No. 56/Agr/2024 (Assessment Year 2011-12)
Ramesh Chandra Sharma Vs. Addl./JCIT(A)-1 Village, Hayatpur Coimbatore, Bhajera Post, Bhankari Karnataka Niranjankot, Aligarh 202001 �ायीलेखासं./जीआइआरसं./PAN/GIR No:AAJPI8653G Appellant .. Respondent
Appellant by : Sh. Pankaj Gargh, Adv Respondent by : Sh. Shalender Shrivastava, Sr. DR Date of Hearing 10.02.2025 Date of Pronouncement 10.02.2025
O R D E R PER SATBEER SINGH GODARA, JUDICIAL MEMBER:
This assessee’s appeal for assessment year 2011-12 arises against Additional/Joint Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre [in short, the “Addl/JCIT(A)/NFAC”]-1 Coimbatore’s DIN and Order No. ITBA/APL/S/250/2023- 24/1058873589(1) dated 19.12.2023, involving proceedings u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961, [hereinafter referred to as the ‘Act’].
P a g e | 2 ITA No.56/Agr/2024 Ramesh Chandra Sharma 2. Heard both the parties at length. Case file perused.
Coming to the substantial issue between the parties regarding the correctness of the ld. lower authorities action in computing the assessee’s long term capital gain amounting to Rs.13,57,969/- made in the course of assessment framed on 16.11.2018 as upheld in the lower appellate discussion, it emerges during the course of hearing that no reference u/s 50C(2) of the Act was made to DVO which has been held as mandatory in Sunil Kumar Agarwal Vs. CIT (372 ITR 82) (Cal.).
That being the clinching case as emanating from the case file, we restore the assessee’s instant appeal back to learned Assessing Officer for his afresh adjudication in very terms. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes.
Order Pronounced in the Open Court on 10.02.2025.
Sd/- Sd/- (Manoj Kumar Aggarwal) (Satbeer Singh Godara ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 10.02.2025 PS: Rohit/Subodh, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR