Dosjibhai Chellabhai Patel Vs CIT (Appeals) (ITAT Mumbai)
50C Addition Set Aside: ITAT Condoned Delay & Sent Property Valuation Issue Back for Fresh DVO Reference
Assessee’s appeal before CIT(A) was dismissed on limitation without adjudicating merits, while AO had passed a best-judgment order u/s 144 invoking section 50C by taxing ₹31.62 lakh as difference between stamp duty value & declared consideration in respect of two property transactions.
Tribunal condoned delay, noting senior-citizen status, health issues & Covid period constraints, & held that appeal ought not to be dismissed in limine without examining merits. ITAT observed that AO appeared to have assumed both transactions as “sale” without proper verification, whereas one transaction involved purchase, & further that Assessee had claimed genuine market value was lower than stamp valuation due to adverse factors. In the interest of justice, matter was restored to AO with direction to examine transaction documents afresh & obtain DVO valuation before applying section 50C. Appeal allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟], dated 30-07-2025, pertaining to Assessment Year (AY) 2018-19.
