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Issues involved: Challenge to valuation proceeding under s. 55A of the I.T. Act due to completion of assessment before receipt of valuation report.
Summary: The petitioner challenged a valuation proceeding under s. 55A of the I.T. Act, initiated by the ITO for a property sold by the petitioner resulting in a loss. The petitioner argued that the valuation proceeding became infructuous due to completion of assessment before receipt of the valuation report. The petitioner contended that the reference for valuation was not made bona fide and lacked the necessary opinion of the ITO as required by s. 55A. The petitioner relied on legal precedents to support the argument that statutory pre-conditions must be fulfilled before invoking relevant provisions. Additionally, it was argued that even if the valuation reference was valid, it lost its utility as the assessment had been completed, rendering the valuation proceeding unnecessary. The Court found merit in the petitioner's arguments and quashed the valuation proceeding on the grounds that the essential prerequisite of the ITO's opinion was absent, and the purpose for utilizing the valuation report no longer existed due to the completion of the assessment. Allowing the valuation proceeding to continue would go against the strict construction of taxing statutes. The Court made the rule absolute, quashing the impugned proceeding through a writ of certiorari and issuing a writ of mandamus to restrain the respondents from further proceeding with the valuation. No costs were awarded in the matter. Upon the respondents' request, the operation of the order was stayed for six weeks, with the condition that the existing injunction during the writ proceeding would continue. The Court also directed its office to expedite the supply of certified copies of the judgment and order upon application by the parties.
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