Amiya Bala Paul v. CIT

M.S. Bedi vs. The Asst. Commissioner of Income Tax-VI

The appeals are allowed but in the circumstances with no order as to costs

…ought to be sustained only on the basis of the report of the DVO. 11. Dr. Rakesh Gupta, learned counsel for the Assessees, drew the attention of the Court to the decision of the Supreme Court in Commissioner of Income Tax v. Smt. Amiya Bala Paul (2003) 262 ITR 407 (SC) and submitted that in terms of the said decision the very act of the AO seeking the report of the DVO by issuing a commission under Section 131 of the Act was without jurisdiction. He submitted that although following the said 2015:DHC:8908-DB ITA Nos. 144, 145 and 146 of 2003 Page 6 of 7 decision, Section 14…

H.S. Bedi vs. The Asst. Commissioner of Income Tax-VI

The appeals are allowed but in the circumstances with no order as to costs

…ought to be sustained only on the basis of the report of the DVO. 11. Dr. Rakesh Gupta, learned counsel for the Assessees, drew the attention of the Court to the decision of the Supreme Court in Commissioner of Income Tax v. Smt. Amiya Bala Paul (2003) 262 ITR 407 (SC) and submitted that in terms of the said decision the very act of the AO seeking the report of the DVO by issuing a commission under Section 131 of the Act was without jurisdiction. He submitted that although following the said 2015:DHC:8908-DB ITA Nos. 144, 145 and 146 of 2003 Page 6 of 7 decision, Section 14…

R.S. Bedi vs. The Asst. Commissioner of Income Tax-VI

The appeals are allowed but in the circumstances with no order as to costs

…ought to be sustained only on the basis of the report of the DVO. 11. Dr. Rakesh Gupta, learned counsel for the Assessees, drew the attention of the Court to the decision of the Supreme Court in Commissioner of Income Tax v. Smt. Amiya Bala Paul (2003) 262 ITR 407 (SC) and submitted that in terms of the said decision the very act of the AO seeking the report of the DVO by issuing a commission under Section 131 of the Act was without jurisdiction. He submitted that although following the said 2015:DHC:8908-DB ITA Nos. 144, 145 and 146 of 2003 Page 6 of 7 decision, Section 14…

CIT vs. Ambience Developers & Infrastructure Pvt Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

…he first place. 11. Apart from the above consideration, the power of the AO to refer the question of valuation of expenses is the subject of binding decisions of this court. The Supreme Court had, in Amiya Bala Paul v Commissioner of Income Tax [2003] 262 ITR 407 (of course dealing with powers of the AO to refer the question of valuation, pre-Section 142-A, but in the context of the then prevailing Section 55-A and Section 142 (2)) held that no addition could be made by the AO, exclusively relying upon the value arrived at by the DVO. It was held that: “11. The common feature of Sections 133(6) and…

CIT vs. Ambience Developers & Infrastructure Pvt Ltd

…he first place. 11. Apart from the above consideration, the power of the AO to refer the question of valuation of expenses is the subject of binding decisions of this court. The Supreme Court had, in Amiya Bala Paul v Commissioner of Income Tax [2003] 262 ITR 407 (of course dealing with powers of the AO to refer the question of valuation, pre-Section 142-A, but in the context of the then prevailing Section 55-A and Section 142 (2)) held that no addition could be made by the AO, exclusively relying upon the value arrived at by the DVO. It was held that: “11. The common feature of Sections 133(6) and…

Commissionr of Income Tax vs. Aar Pee Apartments (P) Ltd

Appeal is dismissed, being devoid of any merits

…t, 2004 with retrospective effect from 15.11.72, the reference to DVO in assessment proceedings other than as permissible under Section 55A was held to be invalid as held by Hon'ble Supreme Court in the case of Amiya Bala Paul, Section 142 A was inserted with 262 ITR 407. retrospective effect from 15.11.72, however, even under Section 142 A, a reference can be made for assessment or reassessment where an estimate of value of any investment referred to in section 69 or 69 B or the value of any bullion, jewellery or other valuable articles referred in Section 69A or 69 B is required to be made. The AO may require t…

Commissioner of Income Tax vs. Satish Kumar Chandna

The appeal is disposed of accordingly

Bench: HON'BLE MR. JUSTICE MADAN B. LOKUR,HON'BLE DR. JUSTICE S.MURALIDHAR

…g the cost of construction of the property in question to the Departmental Valuation Officer. 10. Before the Tribunal, reliance was placed by the Assessee on a decision of the Supreme Court in Smt. Amiya Bala Paul Vs. Commissioner of Income-Tax, [2003] 262 ITR 407 (and the Tribunal accepted the contention of learned counsel for the Assessee based on that decision) that a reference to a Departmental Valuation Officer could be made only for the purpose of Section 55-A and Section 269 of the Act and therefore, the reference was invalid and no cognizance could be taken of a valuation report prepared by the…