TMI Blog2006 (7) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the meaning of the term used in the proviso to section 142A of the Income-tax Act and that the assessment does not stand finally concluded, on the order being passed by the Income-tax Appellate Tribunal. In the case in hand, the Tribunal applied the law as is existed on the date of decision. The Tribunal passed the order in the assessment proceedings on 6-7-2004, i.e., much before the cut-off date 30-9-2004, date prescribed under the proviso. That being so, the appeals do not raise any substantial question of law to be decided by the High Court. The appeals are devoid of force, hence dismissed. The aforesaid appeals are dismissed. - Pradeep Kant And B. B. Agarwal, Jj. D. D. Chopra, for the Appellant J. N. Mathur, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Appellate Tribunal was dismissed, upholding the aforesaid finding. 5. Sri D.D. Chopra relying upon a Division Bench judgment in which one of us (Pradeep Kant, J.) was a member In re: CIT v. Rohtas Projects Ltd. [IT Appeal No. 26 of 2006, decided on 23-2-2006] submitted that the Income-tax Appellate Tribunal has failed to consider the meaning and import of the amended provision of section 142A of the Income-tax Act, which gives jurisdiction and power to refer the matter to District Valuation Officer for assessing the cost/value of the construction. 6. In response Sri Jai Deep Narain Mathur has drawn our attention to the proviso annexed to the aforesaid provision of section 142A which reads as under and urged that in view of the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appeal under section 260A is also a continuance of the assessment proceedings and it has to be treated as such within the meaning of the aforesaid proviso and since the appeals before the High Court are still pending which could not be finalised before 30-9-2004, therefore, the case would not stand excluded from the applicability of the provisions of section 142A of the Income-tax Act. 8. Section 260A of the Income-tax Act is a provision of appeal to High Court only on the satisfaction of the High Court that the case involves substantial question of law. It is not an appeal under the Statute giving a vested right to challenge the assessment order after the assessment proceedings had crossed the stage of Income-tax Appellate Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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