TMI Blog2006 (3) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT(A) on 30th March, 2004 in relation to asst. yr. 1997-98. 2. The relevant facts are that the assessee which runs a hospital, filed its original return of income on 28th Oct., 1997 declaring total income of Rs. 93,140. Subsequently, proceedings under s. 147/148 were initiated and the assessment was completed on a total income of Rs. 9,22,970. The AO made an addition of Rs. 8,29,729 under s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee was show-caused with the contents of the valuation report, for comments and objection. According to the AO, the assessee failed to produce complete vouchers for the expense of Rs. 9,39,800. The AO invoked provisions of s. 145 and made an addition of Rs. 1,35,000, for the difference of cost of construction as per Valuation Officer's report as was quantified for asst. yr. 1998-99 by holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also approved the value determined by registered valuer, who had valued the cost as per the local PWD rates. Now the Department is aggrieved and has filed this appeal. 5. We have heard the rival submissions and perused the evidence available on record. 6. Although the assessee is not in appeal before us yet under r. 27 of the ITAT Rules, the assessee has every right to defend the appellate or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady completed assessment was valid although it is settled position of law that on the information of the DVO which does not constitute an information as required under s. 147/148 of the Act, the assessment cannot be reopened. The learned Authorised Representative has relied on various decisions of this Bench and various decisions of the Hon'ble Rajasthan High Court as well as Hon'ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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