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TMI Blog2009 (7) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... or the adjoining plot It is in the context of the aforesaid provision that the question of law has to be answered in favour of the Revenue because one comprehensive provision has been made by sub-sections (3) to (5) and the principles of audi alteram partem have been set out to be followed by the Valuation Officer then no further opportunity before the Assessing Officer needs to be given as it would result into duplication - The aforesaid view has further been followed and applied in Dr. H. Rahman's case [1991] 189 ITR 307 (All) - Decided in the favour of the assessee - WTA No. 9 of 2009 - - - Dated:- 20-7-2009 - KUMAR M. M., JASWANT SINGH JJ JUDGMENT Rajesh Sethi for the Appellant. Akshay Bhan for the Respondent. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed to be at Rs. 3,000 per sq. yd. The total value of the plot reflected in the assessment order was Rs. 75,37,500. The Assessing Officer asked the assessee-respondent to explain the lower rate as compared to the value determined by the Departmental Valuation Officer in the case of Sh. Sanjay Jain at the rate of Rs. 5,000 per sq. yd. The assessee filed its reply to the notice. The explanation was not accepted by the Assessing Officer and the matter was referred to the Departmental Valuation Officer, Income-tax Department who determined the value of the plot at Rs. 1,76,33,330. Accordingly the value of the plot was taken at Rs. 1,76,33,330 against the declared value of Rs. 75,37,500. The assessee preferred an appeal by arguing that the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The principle of natural justice demands that no one should be condemned unheard as embodied in the maxim `audi alteram partem'. We, therefore, considering the totality of the facts of the present case, deem it proper to set aside this issue back to the file of the Assessing Officer and also direct him to confront the report of the DVO to the assessee. During the course of hearing, it was also one of the contentions of the learned counsel for the assessee that the case of Sh. Sanjay Jain which had been considered by the Assessing Officer was a subject-matter of appeal before the Income-tax Appellate Tribunal, Chandigarh Bench wherein vide order dated May 24, 2005, the value had been adopted at Rs. 2,900 per sq. yd. for the adjoining plot. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has argued that the question of law may be answered in favour of the Revenue and the matter be remitted back to the Tribunal for deciding the issue on the merits. 5. Having heard learned counsel for the parties and perusing the paper book with their able assistance we are of the view that the question of law deserves to be answered in favour of the Revenue. It would be profitable to examine section 16A of the Act which reads as under : "16A. Reference to Valuation Officer.-(1) For the purpose of mak-ing an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this Act, where under the provisions of section 7 read with the rules made under this Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer is of opinion that the value of the asset is higher than the value declared in the return made by the assessee under section 14 or section 15, or where the asset is not disclosed or the value of the asset is not declared in such return or where no such return has been made, the Valuation Officer shall serve a notice on the assessee intimating the value which he proposes to estimate and giving the assessee an opportunity to state, on a date to be specified in the notice, his objections either in person or in writing before the Valuation Officer and to produce or cause to be produced on that date such evidence as the assessee may rely in support of his objections. (5) On the date specified in the notice under sub-section (4), or as soon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te specified in the notice his objections either in person or in writing before the Valuation Officer and to produce on that date such evidence as the assessee may like to rely on in support of his objection. After hearing evidence produced by the assessee and by taking into account all relevant material, the Valuation Officer is obliged under the law to estimate the value of the asset and send a copy of order to the assessee as well as to the Assessing Officer. Thereafter the Assessing Officer is to act in accordance with the valuation made by the Valuation Officer. 7. It is in the context of the aforesaid provision that the question of law has to be answered in favour of the Revenue because one comprehensive provision has been made by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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