Rajasthan Club, New Delhi vs. ADIT(E), New Delhi
In the result, appeal of the assessee is allowed
ITA 2649/DEL/2010[2002-03]Status: DisposedITAT Delhi19 Oct 2016AY 2002-03
Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2002-03 Vs. Adit(E), Inv. Circle-Ii, New Rajasthan Club, Dp-22, Pitampura, New Delhi Delhi Pan : Aaatr6043G (Appellant) (Respondent) Appellant By S/Sh. Gautam Jain & P.K. Kamal, Advocates Respondent By Sh. F.R. Meena, Sr.Dr Date Of Hearing 10.08.2016 Date Of Pronouncement 19.10.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 22/03/2010 Passed By The Learned Commissioner Of Income-Tax (Appeals)-Xi, New Delhi, For Assessment Year 2002-03 Raising Following Grounds: “ 1. The Appellant, Rajasthan Club Is Engaged In Charitable Activity During The Financial Year 2001-02. The Appellant Is A Regular Income Tax Assessee & Assessed To Income Tax For The Last Several Years. All Income, Assets & Investments Are Disclosed To Income Tax Department In Regular Income Tax Returns. 2. On The Facts & In The Circumstances Of The Case & In Law The Learned Assessing Officer & Commissioner Of Income Tax (Appeal) Was Incorrect & Unjustified In Making A Reference Of The Property In This Case To The Valuation Officer Without Any Reason Basis & Evidence.
Section 11Section 12ASection 143(3)
…n received or accrued to the assessee; (iv) that the DVO’s Report, whether interim or final, cannot be made basis to enhance the full value consideration, placing reliance on 328 ITR 515 (Supreme Court) in the case of ACIT versus Dhariya construction company, 316 ITR 46(Del) in the case of CIT versus Shakuntala Devi and other decisions; (v) that no final report of DVO was submitted by the Assessing Officer in spite of the direction of the learned Commissioner of Income-tax (Appeals) in remand proceedings under section 250(4) of the Act; (vi) that the report of the Inspector also cannot be made basis for enhancing…
