TMI Blog2006 (7) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... g the value estimated by the Valuation Officer and when we found that the Assessing Officer is not empowered to refer any property for valuation in a case where no assessment proceedings or reassessment proceedings of the assessee is pending before him, we see no justification to make any addition in such cases - 1496, 1497 and 1498 of 2005 - - - Dated:- 12-7-2006 - Y.R. MEENA ACTG. C. J. and D. A. MEHTA J. Manish R. Bhatt for the appellant. None appeared for the respondent. JUDGMENT 1. Heard learned Counsel for the appellant. 2. The following common questions are raised in admission of these appeals: "(a) Whether, on the facts and circumstances of the case and in law, the Appellate Tribunal was correct in quashing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ussed this issue as under: "8. When the process of reopening of assessment ends and the assessment is validly reopened thereafter, the process of making reassessment starts. Therefore, even after the insertion of section 142A the Assessing Officer should have reason to believe that any income chargeable to tax has escaped assessment as provided under section 147 and thereafter only the notice for reassessment can be issued under section 148. Even after the insertion of section 142A there is no amendment in the language of section 147. Therefore, the condition prescribed under section 147 for reopening of assessment still exists. The hon'ble Gauhati High Court in the case of Bhola Nath Majumdar [1996] 221 ITR 608 and the Income-tax App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by deeming the value of investment not disclosed, or not fully disclosed, are issues where such types of questions arise while some proceedings are pending for assessment. In the absence of such proceedings the Assessing Officer cannot refer any property for valuation to the Valuation Officer. 5. In the opening part of section 142A the words used are "for the purposes of making an assessment or reassessment under the Act". The intent of the legislation is that the matter can be referred to the Valuation Officer only when the proceedings of assessment or reassessment are pending before the Assessing Officer. When no such proceedings are pending, the Assessing Officer has no jurisdiction to refer any property for assessment. 6. When t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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