9911796707
TMI Blog1978 (9) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... made to the value of the land property on the above basis. On appeal, the AAC held that the valuation adopted by the District Valuation Officer was reasonable and dismissed the appeals. It is against this order of the AAC that the present appeals are laid before us. 2. The learned counsel for the assessee has pointed out that it was contended before the AAC that the assessee be permitted to produce valuer's report which was also furnished by the assessee. The District Valuation Officer's report was not discussed or considered before the AAC but was blindly accepted by him. According to the learned counsel, several errors both in principles and fact could have crept into the valuation of the District Valuation Officer. The valuation given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luation Officer, the Valuation Officer must be given an opportunity to be heard. This requires sufficient and reasonable notice to the Valuation Officer to attend and for his presence on the occasion. The decision of the AAC on the Valuation Officer's report may affect not merely the ITO who derived support from the Valuation Officer's report but also the assessee. Giving an opportune, therefore, to the Valuation Officer is not for the purpose of the Valuation Officer giving an exhibition of his expert knowledge or proving the same but for, in our opinion, supporting the value of the property or asset which he has made with evidence, arguments etc. The valuation is relevant not for the purposes of the Valuation Officer himself but for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer's report is also available. The AAC has not attempted either to reconcile the two or to get an explanation for the difference between the two from any quarter. Neither a proper valuation of these assets nor rendering justice to the parties would be possible without requiring the presence if both the valuers and getting the difference between the valuation settled by examination or cross-examination as may be necessary by either party. 5. Apart from the mandatory provisions of s. 23 (3A) therefore, in the interest of justice, we have to remit the matter back to the AAC for giving an opportunity to the District Valuer as well as the assessee's valuer to be present before him for cross-examination as to the process of the valuation adop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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