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Judgment
This assessee’s appeal for assessment year 2013-14, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1085588232(1), dated 04.02.2026 involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
I notice during the course of hearing that the assessee/appellate herein is aggrieved against both the learned lower authorities’ action adding short-term capital gains in her hands to the tune of Rs.30,80,500/-; in assessment order dated 30.03.2022 and upheld in the lower appellate discussion.
This is what leaves the assessee aggrieved who has filed the instant appeal before us.
I now advert to the basic relevant facts of the case; the AO has observed that the assessee had sold an immovable property for sale consideration of Rs.7,09,03,000/- in the relevant assessment year 2013-14, holding the entire sale consideration as taxable. However, the assessee has submitted that she had sold an immovable property on 27.08.2012 having address Flat No. 232, 3rd Floor, Shivkala Luxury Apartment-II, Plot No. D-19, Sector-51, Noida, UP, having stamp value of Rs.70,93,000/- and not Rs.7,09,03,000/-.
That being the case, the Revenue could hardly dispute that going by section 50C(2) of the Act, both the learned lower authorities had nowhere made any statutory reference to the DVO which has already been held as mandatory. I thus direct the learned Assessing Officer to first refer the instant valuation to the DVO and then proceed as per law after affording adequate opportunity of hearing to the assessee.
All other remaining issues herein stand rendered academic.
This assessee’s appeal is allowed for statistical purposes in above terms.