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2017 (3) TMI 91

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..... t Valuation Officer. We find that under sub-section (7) of Section 142A, when the Assessing Officer receives the Report, the Assessing Officer before taking cognizance of the report and acting on it, is again required to give an opportunity of hearing to the assessee and, therefore, if the petitioner has any objection to the Valuation Report, he can again raise an objection to the Valuation Report before the Assessing Officer under the provisions of sub-section (7) of Section 142A and, therefore, when such a statutory remedy is available to the petitioner to raise objections to the Valuation Report, in the facts and circumstances of the case when there is serious dispute as to whether opportunity was granted to the petitioner or not, we .....

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..... has been passed. Shri Lal, learned counsel, also refers to certain observations made in the order to say that notices were issued to the petitioner, but the petitioner did not lead any evidence nor filed any objection. Accordingly, learned counsel submits that the contention of the petitioner that he was not heard and no opportunity was granted to him is incorrect. In rebuttal, petitioner invites our attention to Annexure P/7 dated 4.1.2017, to say that the objections were submitted by him on 4.1.2017, but without considering the same the order has been passed and, therefore, no opportunity was granted. We have heard learned counsel for the parties on the issue in question and we find that under section 142A of the Act, a detailed .....

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..... to submit this objection. There is serious doubt with regard to Annexure P/7 and, therefore, it is not an appropriate case where this dispute with regard to grant of opportunity to the petitioner and his contention can be accepted. We find that under sub-section (7) of Section 142A, when the Assessing Officer receives the Report, the Assessing Officer before taking cognizance of the report and acting on it, is again required to give an opportunity of hearing to the assessee and, therefore, if the petitioner has any objection to the Valuation Report, he can again raise an objection to the Valuation Report before the Assessing Officer under the provisions of sub-section (7) of Section 142A and, therefore, when such a statutory remedy is a .....

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