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TMI Blog1989 (3) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... 17(1)(a). The assessee had at first submitted a certain valuation of his immovable property supported by a Valuation report. The WTO made the assessment under s. 16(3). Subsequently he came to know about sale of land in the same locality as that the assessee and the sale price has been much higher than that shown by the assessee. He then made a reference to the Departmental Valuation Officer. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to the Valuation Officer. Thus, according to the WTO, the case was not reopened on the strength of valuation report, but the valuation itself was based on the information in the possession of the WTO which was derived from external sources and so not a mere change of opinion. According to the WTO since the assessment was reopened under s. 17(a) the time limit of four years did not come in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on at the time of reassessment proceedings and so the notice under s. 17 could not be issued to it. The AAC allowed the assessee's appeal on the ground that the WTO was not justified in reframing the assessment for any of the years as the reference to the Valuation Officer was made after the completion of the original assessment. He cancelled those reassessments and directed the WTO to calculat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made after the assessment was completed. He also relied upon the decision in CWT vs. Smt. Gulnar Marfatia (1986) 159 ITR 311 (Raj). He submitted that the original assessment was under s. 16(3) and all the facts were supplied and the WTO had finalised the assessment after making an estimate. 6. Now, in the original assessment, we find, the valuation of the immovable property has been estimated a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied. In the earlier part of the order the WTO has stated that the notice was issued under s. 17 on the strength of the valuation report but later on he has stated that the case was not reopened on the strength of the valuation report. This is a contradiction. The WTO has tried to get over the period of limitation by blaming the assessee for not supplying the details as above. We find that the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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