Allowing the appeal of the assessee the Tribunal held that, it was statutory duty laid down upon the Assessing Officer to obtain the valuation report by referring the matter to the District Valuation Officer. Reference to the District Valuation Officer is mandatory and the Assessing Officer having failed to follow the provisions of the Act, he could not be given one more chance to refer the matter to the District Valuation Officer. The authorities passed the order in a summary manner without going into the merits of the case and analysing the legal issue involved, the applicability of section 50C(2)(a) in particular. The Assessing Officer had not found any adverse material evidence to indicate that the assessee had received any excess money over and above the sale consideration, in the return. Accordingly the addition was deleted. (AY. 2013-14)
Dr. Sanjay Chobey (HUF) v. ACIT (2018) 65 ITR 68 (SN)/ 194 TTJ 891(Agra) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-When a specific request is made by the assessee to refer the matter to valuation officer, it was statutory duty laid down upon the Assessing Officer to obtain the valuation report by referring the matter to the District Valuation Officer-Reference to the District Valuation Officer is mandatory and the Assessing Officer having failed to follow the provisions of the Act, he could not be given one more chance to refer the matter to the District Valuation Officer-no addition could be made on the basis of value of property at circle rate of State Government. [S. 45 ]