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Issues Involved:
The issue involves the justification of initiating proceedings u/s 147(b) of the Income-tax Act, 1961 based on undervaluation of a land purchase. Summary: The High Court of Rajasthan was asked to provide an opinion on the justification of the Income-tax Officer initiating proceedings u/s 147(b) of the Income-tax Act, 1961 regarding the undervaluation of a land purchase in the year 1972-73. The assessee had purchased a plot of land, and the valuation was disputed by the tax authorities, leading to reassessment proceedings. The Income-tax Officer reopened the case under section 147(b) as it was believed that the land was sold at a lower price than declared. The Appellate Assistant Commissioner upheld the addition of Rs. 54,400 in the hands of the assessee. However, the Income-tax Appellate Tribunal overturned the decision, leading to the reference to the High Court. The Department argued that the undervaluation justified reassessment u/s 147(b) and that the valuer's report constituted "information" for initiating proceedings. The Tribunal found that the investment amount by the assessee was not proven, and the valuer's report was obtained after the relevant assessment year. The High Court held that the valuer's report alone could not justify reassessment u/s 147(b) without substantial evidence. Citing precedents, the Court emphasized that a valuation report does not constitute valid information for reassessment. Therefore, the Court ruled in favor of the assessee, stating that the reassessment proceedings based on the valuation report were not justified u/s 147(b) of the Act. In conclusion, the High Court answered the question against the Revenue, holding that the valuation report did not qualify as "information" u/s 147(b) of the Act. The assessee was awarded costs of Rs. 300.
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