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2005 (9) TMI 56 - ALLAHABAD HIGH COURT"1. Whether, Tribunal is right in holding that the Commissioner of Wealth-tax (Appeals) was bound to get the matter of valuation of property referred to the Valuation Officer before enhancing the value of the same, while disposing of the appeal u/s 23(5), particularly when the matter of valuation of property was not referred to the Valuation Officer by the Assessing Officer? 2. Whether having upheld the orders of the Commissioner in quantum appeal, the ITAT is legally correct in holding that the assessee is not debarred from raising the plea of illegality of assessment for the limited purpose of penalty proceedings? 3. Whether, Tribunal was legally correct in allowing the appeals of the assessee against the imposition of penalties u/s 18(1)(c)?" - Question No. 1 is answered in the affirmative, i.e., in favour of the assessee. Question No. 2 is answered in the negative, i.e., in favour of the Revenue - Question No. 3 is answered in the affirmative, i.e., in favour of the assessee
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