AO must refer valuation to DVO if he disputes Stamp Duty valuation despite no request by assessee

Karb Associates Pvt. Ltd Vs DCIT (ITAT Kolkata)

Even if, the assessee does not make prayer to the A.O for referring the valuation to the DVO while disputing the valuation of the property made by the Stamp Duty Authority, then A.O being a quasi-judicial authority was duty bound to act fairly and suo-moto refer the matter to the DVO.

In a case of this nature the assessing officer should, in fairness, have given an option to the assessee to have the valuation made by the departmental valuation officer contemplated under Section 50C. As a matter of course, in all such cases the assessing officer should give an option to the assessee to have the valuation made by the departmental valuation officer.

Even in a case where no such prayer is made by the learned advocate representing the assessee, who may not have been properly instructed in law, the assessing officer, discharging a quasi judicial function, has the bounden duty to act fairly and to give a fair treatment by giving him an option to follow the course provided by law.”(emphasis given by us).

FULL TEXT OF THE ORDER OF ITAT KOLKATA

Please become a Premium member. If you are already a Premium member, login here to access the full content.