9911796707
TMI Blog2008 (4) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... used the relevant papers on record. The appeal was admitted on the following questions of law: "1. Whether the assessee (present appellant) was under mandatory obligation to get valuation report from a technically qualified person in support of the value of construction shown by her in her books of account. 2. Whether the Tribunal erred in law in accepting the valuation done by the Revenue without rejecting the books of account submitted by the assessee." The brief facts of the case are that the appellant/assessee (status individual) submitted her return of income for the assessment year 2002-03 on October 31, 2002, to the Income-tax Officer, Almora, declaring therein the total income as Rs.2,68,760. The return was processed under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated March 22, 2005, the assessee preferred an appeal No. 32/ALM/2005-06 before the Commissioner of Income-tax (Appeals II), Dehradun, who after hearing the parties, vide his order dated September 14, 2006, dismissed the appeal. Thereafter, the assessee went in appeal before the Income-tax Appellate Tribunal, who passed the impugned order, challenged in this appeal. In the impugned order, passed by the Income-tax Appellate Tribunal, the appeal was partly allowed and as to the investment of Rs. 19,57,092 added by the Assessing Officer, it found addition of Rs.10 lakhs as correct assessment. 5. Before further discussions, it is pertinent to mention here that this court is not the court where the finding of fact can be questioned unless the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g through the Departmental Valuation Officer from Lucknow. Learned counsel for the appellant argued that the Assessing Officer has no power to record the statement of the assessee on oath. We do agree with the learned counsel for the appellant that the Assessing Officer could not have recorded statement of the assessee on oath but once the fact had come to the knowledge of the Assessing Officer that there is low investment shown by the assessee whether it came through her admission on oath or otherwise, his satisfaction to invite the Departmental Valuation Officer cannot be said to be illegal or unjust. The three authorities below have already applied their mind to the facts of the case and we are not inclined to interfere with the factual ..... X X X X Extracts X X X X X X X X Extracts X X X X
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