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TMI Blog2016 (12) TMI 1485X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner prays for a writ in the nature of Mandamus to quash and/or set aside the said two notices marked respectively as annexures P-2 and P-7 to the writ petition as well as the order of rejection dated 2nd February, 2005, also issued by the respondent No.1/ITO, marked annexure P-19 to the writ petition. It is relevant to note that by the said rejection order dated 2nd February, 2005 the representation of the petitioner qua the said two notices dated 19th March, 2004 were disposed of without any intervention by the ITO. The point that arises for consideration as argued by Sri R. K. Biswas, Ld. Counsel for the petitioner, is that the said impugned notices of the ITO are contrary to the law then settled by the Hon'ble Apex Court in the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, Sri Biswas further submits that at the position of time when the ITO referred the matter to the valuation officer and the valuation officer prepared his report on 30th January, 2004 there was no existence of Section 142A in the IT Act and only the judgment In Re: Amiya Bala Paul (supra) held the field. It is also submitted by Ld. Counsel for the petitioner that prior to issuing the impugned notices dated 19th March, 2004, the respondent No.1/ITO issued a show cause notice on 5th March, 2004. By way of reply to the said show cause notice the petitioner referred to the judgment of the Hon'ble Apex Court In Re: Amiya Bala Paul (supra) which had underscored the position that the ITO cannot refer the valuation of any house property to the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ariya Construction Co. reported in 2010 (328) ITR 515 (SC). Appearing on behalf of the respondents/Revenue, Sri Nizamuddin, Ld. Counsel argues that this writ petition is not maintainable since this Court cannot act as an appellate authority for interfering with the notices impugned under Section 148 of the IT Act. Ld. Counsel points out that no case has been made out by the writ petitioner that the said impugned notices are without or beyond jurisdiction of the CIT (Appeal) and thereafter the ITAT. Drawing the attention of this Court to Section 246(1)(b) of the IT Act, 1961, Sri Nizamuddin points out that the impugned notices are appealable before the CIT (Appeals) and thereafter before the ITAT. Only the order of the ITAT can be carried ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition before this Court is not available at this stage and, only a statutory appeal can be preferred under Section 260A of the IT Act. This Court, according to Ld. Counsel, is required to take notice of the fact that interference is rarely called for at the notice stage since the IT Act is a self-exhaustive code. In the event only the procedure lacks inherent jurisdiction or, a statutory judicial restraint is imposed upon the authority on the ground of limitation or violation of the principles of natural justice, this Court can only then interfere sitting in writ jurisdiction. In this connection, Sri Nizamuddin relies on the decision of Commissioner of Income Tax vs. Chhabil Dass Agarwal reported in 2014 (1) SCC 603 = Laws (SC)-2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statutory appeal preferred by the writ petitioner, which has been upheld from the stage of the ITO to the stage of ITAT and, is now pending a reference before this Hon'ble Court under Section 260A of the IT Act. Therefore, this Court finds adequate reasons to accept the submissions of Sri Biswas that at each of the above noted stages from the ITO to the ITAT, the legal position was uniformly ratified that assessment could not be opened on the basis of a reference and subsequent report of the valuation officer. This Court also concurs with the stand taken by the writ petitioner that the procedure for reopening of assessment on the basis of a valuation report by the valuation officer can be applied only in terms of the amendment to Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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