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2006 (7) TMI 657 - HC - Income TaxDetermination to the cost of the construction - case referred to departmental Valuation Officer (DVO) - HELD THAT:- The order passed by the Income-tax Appellate Tribunal cannot be said to be erroneous also on the ground that on the date when the appeals u/s 260A of the Income-tax Act are being decided some other view could be taken, if these appeals are taken as continuance of the assessment proceedings. We are unable to accept the plea that the appeal u/s 260A is continuance of the assessment proceedings within 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.
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