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TMI Blog2013 (10) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... ice counsel. ORDER Justice A. M. Khanwilkar, C.J. (Oral) Heard counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Counsel for the respondent waives notice. As short question is involved, the petition is taken up for final disposal forthwith, by consent. 3. The petition essentially takes exception to the show-cause notice issued by the Income Tax Officer, Una dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artmental valuer till 30-12-2009. Since the case was barred by time limitation on 31-12-2009, the assessment was completed subject to valuation of building by the departmental valuer. The departmental valuer submitted his report vide his letter No. VO/PTA/IT-14/2009-10/104 dated 03-06-2010. As per valuation report total investment in the building during the period relevant to the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Counsel for the department, however, submits that the basis on which this argument is canvassed is incorrect. According to the learned counsel for the department, the valuation report was very much available with the Assessing Officer as it was sought by making reference under Section 142A of the I.T. Act. Counsel for the department, relies on the un-reported decision of the Delhi High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t survive and is effaced from the record since reasons recorded on the basis of which the same was issued have been withdrawn by the Income Tax Officer with liberty to record fresh reasons and proceed in the matter, in accordance with law. We are not expressing any final opinion given on the merits of the contention.
7. The petition is disposed of, leaving all questions open. X X X X Extracts X X X X X X X X Extracts X X X X
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