Validity of Referring the matter to DVO - Additions based on ...

Court Rules Referral to DVO Unlawful Without Initial Rejection of Audited Books; Upholds Deletion of AO Additions.

April 12, 2024

Case Laws     Income Tax     HC

Validity of Referring the matter to DVO - Additions based on valuation report - The High Court noted that the assessee had filed its return for the relevant assessment year supported by audited books of accounts. The AO, without rejecting these books, referred the matter to the DVO. The High Court observed that the books of accounts were not rejected before a certain date, and the rejection occurred later based on the DVO's report. Citing precedent, the High Court emphasized that the AO could not refer the matter to the DVO without first rejecting the books of account. - The High Court upheld the ITAT's decision to delete the addition made by the AO based on the valuation report. It reiterated that the reference to the DVO was not lawful, and therefore, the estimation made by the DVO could not be relied upon for making the assessment.

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