9911796707
TMI Blog2011 (5) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... se he has given the complete detail of each item of work which is absent in the valuation report of the departmental valuer - The reasons have been well given and it is not merely on the basis that since the Assessing Officer has not given reasons for rejection of the report produced by the assessee, therefore, the I.T.A.T. has proceeded to decide on the basis of the report submitted by the assessee - The appeals are dismissed - 35 of 2000, 21 of 2000 - - - Dated:- 13-5-2011 - MR. JUSTICE H. C. MISHRA, J. For the Appellants : M/s Deepak Roshan, Sr.S.C. Income Tax Amit Kumar, J.C. to Sr.S.C. Income Tax For the Respondents : M/s Binod Poddar, Sr. Advocate, P. Poddar, M. Choudhar, D. Poddar, A.Sinha, Advs. By Court:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, the said investment was made by the Firm, M/s. Natwarlal Sukhlal and Brothers, which was the firm of the assessee's husband. It is further relevant to mention here that the order of the Assessing Officer was challenged by the aforesaid Firm also and the Appeal of the Firm was allowed by the C.I.T. (Appeals) by a brief order and in the light of the reasons given in the appeal of the Firm, the C.I.T (Appeals) decided other matters. The matter was then taken up to the Income Tax Appellate Tribunal and the Income Tax Appellate Tribunal dismissed the Appeals preferred by the Revenue. Hence these Appeals have been preferred by the Revenue. 4. Learned counsel for the appellant submitted that the I.T.A.T. has committed serious error of la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered the valuation report and the I.T.A.T. considered the reasons given by the Assessing Officer for arriving at the conclusion for accepting the Revenue's valuation report. But it appears from the reasons given in the order, passed by the I.T.A.T. that there was a complete application of mind by the I.T.A.T. on the documentary evidence i.e. the valuation report produced by the two valuers and the I.T.A.T. observed that the floor area worked out by the registered valuer is more authentic particularly because he has given the complete detail of each item of work which is absent in the valuation report of the departmental valuer. Then the I.T.A.T. also noticed that there is a difference of 156.71 sq. mtr. of the covered floor area and so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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