9911796707
TMI Blog1995 (8) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... days. We have perused the condonation petition filed by the revenue along with the appeals. We are satisfied that the delay is due to reasonable cause as explained in the petition. The delay is condoned and we admit the appeals. 4. The assessee Sri Mahendra Kr. Choraria is an individual (since deceased and now represented by the legal heir Smt. Bobita Choraria). The assessee along with three others jointly purchased a plot of land measuring 1697.29 sq. mtrs. at 5B, Abdul Gaffar Khan Road, Bombay on 29-10-1971. The co-owners jointly started construction of residential house on the said plot around 1974 and the construction is said to have been completed in 1983. A separate construction account was maintained in the name of " Smt. Ichud De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oke the provisions of section 16A particularly in absence of any proceedings before him at the time of making the reference. It was also contended that reference to the valuation officer can be made only during the regular assessment proceedings since sections 16 and 17 empowers the assessing officer to refer the matter to the valuation officer during the assessment proceedings. The Dy. CWT (A) has considered the issue in detail and held that the assessing officer has acted without jurisdiction to ask the Valuation Officer to make the valuation under section 16A of the Act, for the assessment years for which proceedings were no longer pending with him. It was also held that the report of the valuation officer cannot constitute information f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme and at the time of making the reference to the valuation officer, the assessment proceedings for the years under consideration were not pending. It is well settled law that once an assessment is complete, the assessing officer becomes functus officio vis-a-visthe assessment years under consideration as there is no proceeding pending before him. It is only when the assessment is property reopened under law, the assessing officer would have all the powers under the Act so as to complete the assessment. In the present case the reference to the valuation officer was made on 24-4-1987 and 21-51987 which happens to be subsequent to the completion of the assessments for the assessment years under consideration. Thus, the assessing officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their Lordships have held that the reference to the valuation officer can be made only in respect of pending assessments and once the assessment is complete, any subsequent reference is invalid in law. In fact, there is a latest decision i.e., Kum. Vijaya Raja v. Union of India [1995]214 ITR 65 (MP) wherein their Lordships have held that reference cannot be made during the pendency of the reassessment proceedings. Even otherwise, the assessee in this case has placed all the basic material before the assessing officer and the assessments were completed under Scrutiny Scheme. It is well settled that once all the material facts are placed before the assessing officer, the assessing officer requires no further assistance by way of disclosure. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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