Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (12) TMI 701

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o interfere at this intermediary stage when the AO has yet to pass any final order of assessment. It is always open for the petitioner to contest the contents of the report before the AO. As is clear from sub-section 7 of Section 142A this provision provides that the Assessing Officer may, on receipt of the report from the Valuation Officer, and after giving the assessee an opportunity of bein .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ference. - WRIT PETITION NO. 13771 OF 2018 WITH WRIT PETITION NO. 13772 OF 2018 WITH WRIT PETITION NO. 13773 OF 2018 WITH WRIT PETITION NO. 13774 OF 2018 - - - Dated:- 6-12-2018 - AKIL KURESHI M.S. SANKLECHA, JJ. Mr. Makarand D. Adkar a/w Mr. Dhaval S. Deshpande, Mr. Amit Arsiwala, Mr. Nikhil Mengde and Aashit Kankriya i/by Amir Arsiwala for the Petitioner Mr. Sham Walve for the Res .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r pressed before us as noted above, arises out of the petitioner's objection to a report of the valuation by the DVO dated 23.7.2018 which concerns four immovable properties. The contention of the petitioner is that this report was finalized without following the requirements of hearing to be granted to the petitioner in terms of sub-section 4 of Section 142A of the Income Tax Act, 1961 ( the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of Section 142A of the Act, this provision provides that the Assessing Officer may, on receipt of the report from the Valuation Officer, and after giving the assessee an opportunity of being heard, take into account such report in making the assessment or reassessment. Thus, even this provision enjoins a duty on the Assessing Officer to hear the assessee on the report of the DVO before he can act .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates