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2013 (10) TMI 366 - ALLAHABAD HIGH COURTReference to Valuation officer (DVO) - Powers of assessing officer u/s 142A of the Income Tax - Revenue submitted that section 142A was insterted by the Parliament by Finance (No. 2) of the Act 2004 with effect from 15.11.1972 - Held that:- Proviso to section 142A makes it abundantly clear that the provisions of Section 142A would not be applicable to the assessment made on or before 30.9.2004 and which has become final and conclusive on or before that date - In the present case the assessment order was passed on 5.2.2001. The Commissioner of Income Tax, Appeals passed the order on 22.11.2001 and the Tribunal decided the matter on 30.6.2004 – Therefore, in the present case assessing officer has no power to refer to the Valuation Officer – Reliance has been placed upon the judgment in the case of Commissioner of Income Tax V. Gulam Mohammad [2009 (8) TMI 635 - ALLAHABAD HIGH COURT] – Decided against the Revenue.
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