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2021 (3) TMI 57 - HC - Income TaxValuation proceedings u/s 142A - estimation of value of assets by Valuation Officer - period of limitationas contemplated in Section 142 A (6) of the Act of 1961 wherein six months period has been prescribed for Valuation Officer to submit valuation report to the Assessing Officer - HELD THAT:- Section 250(5) of the Act of 1961 enlarges the scope of hearing of appeal because Commissioner may allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if Commissioner is satisfied that omission of that ground from the form of appeal was not willful or unreasonable. Some how similar spirit is echoed in Explanation of sub-section (2) of Section 251 of the Act of 1961, therefore, wide powers are available to the Commissioner (Appeals) as appellate authority. Exercising such power, Commissioner (Appeals) directed the Assessing Officer to obtain valuation report vide letter dated 20-03-2018 (Annexure R/2). In pursuance thereof, District Valuation Officer has issued the notice which is the bone of contention in the matter. When appeal is pending consideration before Commissioner (Appeals) and appellate authority has wide powers to look into the dispute as referred above then assessee/petitioner is always at liberty to raise this ground also in appeal even if the petitioner has not raised the same so far, in the appeal memo about limitation as provided under Section 142A of the Act of 1961. This Court does not intend to venture into the arena to preempt the controversy. Commissioner (Appeals) shall take into consideration the plea of limitation as raised by the petitioner in the case in hand as one of the grounds of appeal as expeditiously as possible preferably within three months from the date of receipt of certified copy of this order and pass an appropriate order taking into consideration the interplay of different provisions of the Act of 1961 in accordance with law and shall decide this point at the first instance, if not already decided. No further indulgence can be shown except to issue above-mentioned directions.
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