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2009 (9) TMI 652 - AT - Income TaxWhether, Commissioner of Income-tax (Appeals) is justified in quashing the Assessing Officer's action of reference under section 131 of the Act to valuation cell and consequently quashing the action under section 147 vis-a-vis assessment of unexplained investment under section 69 of the Act, without considering the merits of the case. Secondly, the action under section 131 is not appealable before the income-tax authorities and. only writ, before the court, is permissible - Since the assessee never had taxable income, the provisions of section 139(1)(b) are not applicable in its case and, therefore, it was not obligatory on the part of the assessee to file return of income. Hence, the assessee never filed its return of income in respect of the year under appeal, assessee has contended that since no proceedings under the Act, were pending at that point of time, the reference itself made to valuation cell by invoking the provisions of section 131(1)(d) by issuing commission were invalid – Held that:- Assessing Officer could only have referred the matter to the District Valuation Officer if independent proceedings were pending with him for the year under appeal in accordance with the decision of the Gujarat High Court in CIT v. Umiya Co-operative [2006 -TMI - 34339 - GUJARAT HIGH COURT], there were no proceedings pending, we confirm the order of the learned Commissioner of Income-tax (Appeals) in quashing the notices issued under section 148 of the Income-tax Act. appeal of Revenue is dismissed.
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