Sampa Sarkhel, Kolkata V. I.T.O.,Ward-49(3), Kolkata

ITA 2030/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5183 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 12-02-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 29-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: MRS SAMPA SARKHEL
• Keywords: Opportunity of being heard; Fair market value; Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER] I.T.A. NO. 2030/KOL/2019 ASSESSMENT YEAR: 2014-15 SAMPA SARKHEL...................APPELLANT 11, SEBAGRAM PALLY BELGHORIA KOLKATA 700 056 [PAN: CNTPS 4363 N] VS. INCOME TAX OFFICER, WARD-49(3), KOLKATA.....................................................RESPONDENT APPEARANCES BY: MRS. SAMPA SARKHEL, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SUPRIYO PAL, JCIT, D/R, APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : FEBRUARY 12 TH , 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 19 TH , 2020 O R D E R PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 15, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 10/01/2019, FOR THE ASSESSMENT YEAR 2014-15. 2. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE LD. CIT(A) HAS PASSED AN EX- PARTE ORDER ON THE GROUND THAT THE NEITHER THE ASSESSEE NOR THE AUTHORIZED REPRESENTATIVE HAD APPEARED BEFORE HIM. HE HAS NOT DISPOSED OFF THE CASE ON MERITS. THIS IS NOT PERMISSIBLE UNDER LAW. 2.1. BE IT AS IT MAY, WE FIND THAT THE ASSESSING OFFICER HAS INVOKED SECTION 56(2)(VII) OF THE ACT, AS THE FAIR MARKET VALUE OF THE PROPERTY PURCHASED WAS STATED TO BE RS.19,56,150/-. THE HONBLE CALCUTTA HIGH COURT IN THE CASE OF SUNIL KUMAR AGARWAL VS. CIT REPORTED IN (2015) 372 ITR 0083, HELD THAT, THE ACT MANDATES REFERENCE TO THE DVO FOR DETERMINATION OF THE FAIR MARKET VALUE OF THE RELEVANT CAPITAL ASSED, WHEN THE SAME IS AT VARIANCE FROM THE VALUE SALE CONSIDERATION. 3. UNDER THESE CIRCUMSTANCES, I DEEM IT FIT AND PROPER TO SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE PROPER OPPORTUNITY OF BEING HEARD. THE ASSESSING OFFICER IS DIRECTED TO REFER THE MATTER OF FIXATION OF FAIR MARKET VALUE TO THE DVO. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE DATED : 19.02.2020 {SC SPS} C OPY OF THE ORDER FORWARDED TO: 1. SAMPA SARKHEL 11, SEBAGRAM PALLY BELGHORIA KOLKATA 700 056 2. INCOME TAX OFFICER, WARD- 49(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 2 AFTER GIVING THE ASSESSEE PROPER OPPORTUNITY OF BEING HEARD. THE ASSESSING OFFICER TO REFER THE MATTER OF FIXATION OF FAIR MARKET VALUE TO THE DVO. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 19 TH DAY OF FEBRUARY, 2020. SD/- [J. SUDHAKAR REDDY] ACCOUNTANT MEMBER OPY OF THE ORDER FORWARDED TO: 49(3), KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES I.T.A. NO. 2030/KOL/2019 ASSESSMENT YEAR: 2014-15 SAMPA SARKHEL AFTER GIVING THE ASSESSEE PROPER OPPORTUNITY OF BEING HEARD. THE ASSESSING OFFICER TO REFER THE MATTER OF FIXATION OF FAIR MARKET VALUE TO THE DVO. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. MEMBER TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES