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TMI Blog2021 (3) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... is echoed in Explanation of sub-section (2) of Section 251 of the Act of 1961, therefore, wide powers are available to the Commissioner (Appeals) as appellate authority. Exercising such power, Commissioner (Appeals) directed the Assessing Officer to obtain valuation report vide letter dated 20-03-2018 (Annexure R/2). In pursuance thereof, District Valuation Officer has issued the notice which is the bone of contention in the matter. When appeal is pending consideration before Commissioner (Appeals) and appellate authority has wide powers to look into the dispute as referred above then assessee/petitioner is always at liberty to raise this ground also in appeal even if the petitioner has not raised the same so far, in the appeal memo abou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rected the District Valuation Officer, Income Tax, Bhopal vide letter dated 25-10- 2017 for valuation of property with the nomenclature The Legacy a multi-flour apartment situate at Airport Road, Gole Ka Mandir, Bhind Road, Gwalior and in pursuance thereof, notice dated 30-10-2017 (Annexure P/4) purportedly under Section 142A of Income Tax Act, 1961 (hereinafter referred to as the Act of 1961 ) was issued by Valuation Officer to the petitioner for providing details as referred in the said notice. It appears that Assessing Officer during this period proceeded with assessment of the petitioner company and vide order dated 29- 12-2017 (Annexure P/6) passed assessment order and assessed the income as ₹ 6,03,00,000/-. 3. Petitioner/a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, submission of report ought to had been within six months, but no such valuation report was prepared by the District Valuation Officer within time stipulated and not only assessment has been carried out by the Assessing Officer and the appeal has been filed, but pending consideration; at the instance of appellate authority; fresh notice on 19-10-2020 (Annexure P/8) has been issued which is contrary to the mandate of statute as reflected under Section 142A. Same is time barred and cannot be taken into consideration. 5. Per contra, learned counsel for the respondents opposed the prayer and submitted that even after notice under Section 142A of the Act of 1961 is issued for valuation of actual investment made by the assessee and if ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending at the instance of assessee before the Commissioner (Appeals). 8. Section 250 of the Act of 1961 prescribes Procedure in Appeal which is reproduced for ready reference: 250. Procedure in appeal.-( 1) The Commissioner (Appeals) shall fix a day and place for the hearing of the appeal, and shall give notice of the same to the appellant and to the Assessing Officer against whose order the appeal is preferred. (2) The following shall have the right to be heard at the hearing of the appeal- (a) the appellant, either in person or by an authorised representative; (b) the Assessing Officer, either in person or by a representative. (3) The Commissioner (Appeals) shall have the power to adjourn the hearing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst an order of assessment, he may confirm, reduce, enhance or annul the assessment (aa) in an appeal against the order of assessment in respect of which the proceeding before the Settlement Commission abates under section 245HA, he may, after taking into consideration all the material and other information produced by the assessee before, or the results of the inquiry held or evidence recorded by, the Settlement Commission, in the course of the proceeding before it and such other material as may be brought on his record, confirm, reduce, enhance or annul the assessment; (b) in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty; (c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 20-03-2018 (Annexure R/2). In pursuance thereof, District Valuation Officer has issued the notice which is the bone of contention in the matter. When appeal is pending consideration before Commissioner (Appeals) and appellate authority has wide powers to look into the dispute as referred above then assessee/petitioner is always at liberty to raise this ground also in appeal even if the petitioner has not raised the same so far, in the appeal memo about limitation as provided under Section 142A of the Act of 1961. This Court does not intend to venture into the arena to preempt the controversy. 12. Commissioner (Appeals) shall take into consideration the plea of limitation as raised by the petitioner in the case in hand as one of the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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