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2019 (4) TMI 48 - ITAT HYDERABADCondonation of delay of 1274 days - earlier AR advised that substantial relief got from the CIT(A), hence there is no need to appeal further - HELD THAT:- Each case of delay has to be evaluated based on the facts available on record. We notice that the earlier AR has objected before CIT(A) only in completing the assessment based on DVO value u/s 142A. But, assessee has approached the present AR who has brought on record the other technical failure on the part of the AO, who completed the assessment u/s 143(3) rws 147. On verification of those issues for which assessee has appealed before us raising grounds of appeal. On initial observation, we notice that assessee has a favourable case, on merit. Considering the above decision of COLLECTOR, LAND ACQUISITION VERSUS MST. KATIJI AND OTHERS [1987 (2) TMI 61 - SUPREME COURT] and reasons for delay in filing the appeal submitted before us, only for the rendering of justice, we condone the delay in filing the appeal before us on the ground that the assessee was prevented by reasonable cause in filing the appeal belatedly. Reference to the Valuation Cell u/s 142A - reopening of assessment u/s 147 based on DVO report- reference to DVO without rejection of books of accounts in original proceedings - No information of reference given to asessee - allegation to failure to furnish the information despite sufficient opportunities - difference between the value determined in valuation report and the value accounted for in books of account - HELD THAT:- AO has not rejected the books nor informed the assessee that he is not accepting the valuation submitted by them or value adopted by them in the balance sheet are not proper. Without any hint, he has completed the assessment u/s 143(3). Even though, the reference was made to DVO on 17/11/2008, the assessee came to know only on 21/08/2009, when the DVO contacted the Assessee to submit various information to carryout inspection. Respectfully following the ratio laid down in the case of Lakshmi Constructions [2014 (10) TMI 223 - ANDHRA PRADESH HIGH COURT] we are of the view that the AO must have confronted the issue of not accepting the valuation of assessee and referred the issue to the DVO. In that case, AO can reopen the assessment even though the assessment was completed due to limitation. But, in this case, assessee was never informed about the reference to valuation and the assessment was completed. The completed assessment cannot be reopened without rejecting the books or confronting with assessee about not accepting the valuation submitted by assessee and the completed assessment cannot be re-visited on the same information available on record. Therefore, in our view, reopening was bad in law and, therefore, the reopening of assessment is quashed in all the appeals under consideration. - decided in favour of assessee.
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