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TMI Blog2019 (3) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... nt – assessee. Against the order of the Tribunal, the Revenue filed Income Tax Appeal 2014 (5) TMI 158 - ALLAHABAD HIGH COURTbefore this Court and the same was dismissed by this Court. The very basis for referring the matter to Departmental Valuation Officer in the disputed years, where the proceeding has been initiated under section 153-C has been held without jurisdiction. Once the very basis for referring the matter to the Departmental Valuation Officer has vanished, the entire proceedings cannot be held to be justified. Moreover, at the time of referring the matter to the Departmental Valuation Officer, neither returns were filed, nor the books of account maintained by the respondent – assessee were rejected, nor any assessment or re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment holding that reference to the DVO was made when no assessment proceedings was pending ignoring that notice u/s 153C for the search assessment had already been issued at the time of reference to the DVO? 2. Whether on the facts and circumstances of the case the Hon'ble ITAT was justified in law in quashing the assessment without giving any reason for the same? 3. Whether on the facts and circumstances of the case the Hon'ble ITAT was justified in relying the judgements in the case of CIT Vs. Uniya Co-operative Housing Society Ltd. (2009) 314 ITR 272 ITO VS. Vijeta Educational Society (2009) 118 ITD 382 (ITAT, Lucknow Bench 'B') where the assessing Officer has utilized the information gathered on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act dealing with appeals to the Tribunal. We have heard Shri Gaurav Mahajan, learned counsel for the Revenue and Shri Ashish Bansal, learned counsel for the respondent assessee. The facts of the case are that on 17.10.2006, a search and seizure operation under section 132(1) of the Income Tax Act was carried out in Banarasi Group of cases, both at the residential and the business premises of the said group. Certain incriminating material was recovered and Panchnama was also drawn. On 27.09.2007, a notice under section 153-C of the Income Tax Act was issued after recording requisite satisfaction, calling upon the respondent assessee to file its returns. The respondent assessee is a partnership firm, which came into existen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee preferred an appeal before the Tribunal, who by the impugned order dated 28.06.2010, has allowed the appeal of the respondent assessee. Hence, the present appeal has been preferred by the Revenue against the impugned order of the Tribunal. It has been argued on behalf of the Revenue that the Tribunal has erred in allowing the appeal of the respondent assessee on the facts as well as on law. It has been submitted that the Assessing Authority has referred the matter to the Departmental Valuation Officer and after obtaining its report, it has rightly added the undisclosed investment made in the construction multiplex and the Commissioner of Income Tax (Appeals) has rightly confirmed the assessment order, but by means of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same has been decided in favour of the respondent assessee upto this Court in Income Tax Appeal No. 60 of 2014 ( CIT Vs. M/s Gopi Apartment ), reported in 2014 (365) ITR 411, wherein, this Court was pleased to hold that the proceedings initiated against the respondent assessee under section 153-C of the Income Tax Act were without jurisdiction. It is further argued that the very basis for referring the matter to Departmental Valuation Officer in the case of the assessee does not survive and therefore, the present proceedings are also without jurisdiction. We have perused the record of the case, from which it reveals that a survey was conducted on 17.10.2006 at the Banarasi Misthan Group of cases and thereafter, proceedings unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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