TMI Blog2013 (4) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of India). The Department sought reopening of the assessment based on the opinion given by the District Valuation Officer (DVO) - The opinion of the DVO per se is not an information for the purposes of reopening assessment under section 147 of the Income-tax Act, 1961 - The Assessing Officer has to apply his mind to the information, if any, collected and must form a belief thereon - In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explain the investment made in the construction of house? 2. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in coming to the conclusion that re-opening of assessment u/s 147 of the Act on the basis of D.V.O.'s report is not valid by completely overlooking the fact that information was gathered by the A.O. though an inspector of Income Tax and after f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of immovable property. On the basis of report of the D.V.O., certain additions were made in re-assessment proceedings by the Assessing Officer. The matter was carried in appeal and thereafter, before the Tribunal. The Income-tax Appellate Tribunal has set aside the re-assessment proceedings by relying upon decision of the Apex Court in the Case of Assistant Commissioner of Income-tax v. Dhariya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his mind to the information, if any, collected and must form a belief thereon. In the circumstances, there is no merit in the civil appeal. The Department was not entitled to reopen the assessment." Besides the above, we find that identical view has been taken by this Court in other decisions also. In view of the above discussions, we find no merit in the appeal. The judgment and order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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