" आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA श्री जाजज माथन, न्याययक सदस्य क े समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER आयकर अपील सं/ITA No.1882/KOL/2024 (नििाारण वर्ा / Assessment Year : 2015-2016) Bhaskardev Mukherjee, Nadiha, Durgapur, Burdwan-713218 Vs ITO, Ward-1(1), Durgapur PAN No. : ALLPM 4097 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri Soumitra Choudhury, Advocate राजस्व की ओर से /Revenue by : Shri Somnath Das Biswas, Sr. DR सुनवाई की तारीख / Date of Hearing : 07/08/2025 घोषणा की तारीख/Date of Pronouncement : 07/08/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order dated 08.08.2024 passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2015-2016. 2. Shri Somnath Choudhury, ld.AR appeared on behalf of the assessee and Shri Somnath Das Biswas, ld. Sr. DR appeared on behalf of the revenue. 3. It was the submission of the ld.AR that in the course of assessment the AO has made the additions representing 50C value in respect of two immovable properties sold by the assessee. It was the submission that the assessee had requested for valuation of the said properties. It was the submission that before completion of the assessment, the valuation was not received. It was the submission that the valuation has not been received from the DVO on 20.01.2025. The valuation report along with calculation as submitted by the ld. AR is as under :- Printed from counselvise.com ITA No.1882/KOL/2024 2 Printed from counselvise.com ITA No.1882/KOL/2024 3 Printed from counselvise.com ITA No.1882/KOL/2024 4 Printed from counselvise.com ITA No.1882/KOL/2024 5 Printed from counselvise.com ITA No.1882/KOL/2024 6 4. It was the submission that the issues may be restored to the file of the AO for readjudcation after applying the values as arrived at by the DVO in his valuation report dated 20.01.2025. It was the submission that as per the sale deed one of the properties was an agricultural land consisting of 45 decimals. It was the submission that the AO may be directed to examine this issue of agricultural land also. Printed from counselvise.com ITA No.1882/KOL/2024 7 5. In reply, ld. Sr. DR drew my attention to Annexure-3 of the DVO's report wherein the DVO has specifically mentioned that the said property was under municipality area. It was the submission that both the transactions were liable to be long term capital gain. It was fairly agreed by the ld. Sr. DR that the DVO's report has to be considered by the Assessing Officer by adopting the values as determined by the DVO. Ld.Sr. DR also submitted that he had no objection to the issue being restored to the file of ld.AO for readjudication by adopting the valuation as determined by the DVO. 6. I have considered the rival submissions. Admittedly, the alleged agricultural land as mentioned in the sale deed is as per the DVO under the municipal area, therefore, the claim of agricultural land would no more survive in respect of 43 decimals of land. It has also been argued by the ld. AR that the second property is liable for determining the long term capital gain. It is also noticed that the DVO’s report is dated 20.01.2025 whereas the assessment order is dated 15.03.2023 and the order of the ld. CIT(A) is dated 08.08.2024. This being so, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer for readjudication of the long term capital gain in respect of sale of the two immovable properties. The Assessing Officer shall consider the DVO’s report when determining the long term capital gain in respect of the said two immovable properties. Printed from counselvise.com ITA No.1882/KOL/2024 8 7. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 07/08/2025. Sd/- (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 07/08/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy// Printed from counselvise.com "