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2009 (7) TMI 838 - HC - Wealth-taxReference to valuation officer - Scrutiny - The explanation was not accepted by the Assessing Officer and the matter was referred to the Departmental Valuation Officer, Income-tax Department who determined the value of the plot at Rs. 1,76,33,330 - During the course of hearing, it was also one of the contentions of the learned counsel for the assessee that the case of Sh. Sanjay Jain which had been considered by the Assessing Officer was a subject-matter of appeal before the Income-tax Appellate Tribunal, Chandigarh Bench wherein vide order dated May 24, 2005, the value had been adopted at Rs. 2,900 per sq. yd. for the adjoining plot It is in the context of the aforesaid provision that the question of law has to be answered in favour of the Revenue because one comprehensive provision has been made by sub-sections (3) to (5) and the principles of audi alteram partem have been set out to be followed by the Valuation Officer then no further opportunity before the Assessing Officer needs to be given as it would result into duplication - The aforesaid view has further been followed and applied in Dr. H. Rahman's case [1991] 189 ITR 307 (All) - Decided in the favour of the assessee
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