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2018 (12) TMI 701 - HC - Income TaxObjection to a report of the valuation by the DVO for four immovable properties - contention of the petitioner is that this report was finalized without following the requirements of hearing to be granted to the petitioner in terms of sub-section 4 of Section 142A - Held that:- We are not inclined to interfere at this intermediary stage when the AO has yet to pass any final order of assessment. It is always open for the petitioner to contest the contents of the report before the AO. As is clear from sub-section 7 of Section 142A this provision provides that the Assessing Officer may, on receipt of the report from the Valuation Officer, and after giving the assessee an opportunity of being heard, take into account such report in making the assessment or reassessment. Thus, even this provision enjoins a duty on the Assessing Officer to hear the assessee on the report of the DVO before he can act upon the same. At this stage, the petitioner would have ample opportunity to contest the report on all grounds including on the ground that reasonable opportunity of hearing as envisaged under sub-section 4 of Section 142A of the Act was not granted. We have not examined the validity of this contention. This observation would not limit the petitioner's objection only to this limited issue and would enable the petitioner to raise all objections on substance as well as contents of the report. At the stage where the assessment is not yet made, we do not find it appropriate to interference.
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