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TMI Blog2025 (5) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... w: "Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in setting aside the order under section 263 passed by PCIT by holding that the same is not within the purview of section 263 of the act without considering the fact that the assessment order without valuation report of the DVO is erroneous and prejudicial to the interest of Revenue"? 3. Learned counsel representing the Assessee vehemently argues that going by the pith and substance of the same question, it cannot be termed as a 'question of law', let alone 'Substantial Question of Law'. 4. This Court in ITA No.383/2016, disposed on 20.07.2022, has discussed the idea of Substantial Question of Law keeping in view Section 100 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns to be recorded, the appeal on any other substantial question of law, in addition to or substitution of the one framed in the appeal memo, if it is satisfied that the case involves such other question. (ii) The appeal, be it of the Revenue or the Assessee, lies only "... if the High Court is satisfied that the case involves a substantial question of law ..." Sub-Section (7) of Section 260A states that the provisions of Code of Civil Procedure, 1908 relating to appeals to the High Court, as far as may be, apply to these appeals. This Section is analogous to Section 100 of CPC. Noticeably, both these Sections i.e., Section 260A of 1961 Act and Section 100 of CPC do not define the expression 'substantial question of law'. The Apex Court v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to entertain an appeal, if there is other substantive ground of law. It hardly needs to be stated that a provision for appeal should be liberally construed and read in a reasonable & practical manner". 5. We are of the considered opinion that the question framed is neither a question of law, nor a mixed question of law & facts, more particularly when it related to non-furnishing of valuation report of a particular property allegedly because the Assessee did not co- operate. Ordinarily, when the owner or occupier of the property does not co-operate in the process of valuation, the exercise should be undertaken by adopting best judgment valuation principle. This reasoning animates the impugned order of the Tribunal. In the above circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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