Joginder Lal Ahuja vs The Income Tax Officer

PER SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER:

This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [for short, ‘CIT(A)/NFAC’], Delhi’s, DIN and order no. ITBA/NFAC/S/250/2026-27/1088544451(1) dated 21.04.2026 involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Case called twice. None appears at the assessee’s behest. He is accordingly proceeded e-parte.

Next comes the sole substantive issue between the parties in the instant appeal. Learned departmental representative invites the tribunal’s attention to the assessment order herein dated 30.03.2022 invoking section 50C of the Act thereby adding the long term capital gains amounting to Rs. 18.25 lakhs in the assessee’s hands.

That being the case, he could hardly dispute that both the learned lower authorities have nowhere made any statutory reference to the DVO u/s 50C(2) of the Act which has been held mandatory in Sunil Kumar Agarwal vs CIT (2015) 372 ITR 83 (Cal.). The assessee’s instant sole substantive ground is accordingly restored back to the learned Assessing Officer for afresh appropriate adjudication after making necessary reference to the DVO in very terms.

This assessee’s appeal is allowed for statistical purposes.