ACIT, New Delhi vs. Sh. Saidan Kapoor, New Delhi
In the result, the appeal of the department is dismissed
ITA 4496/DEL/2012[2007-08]Status: DisposedITAT Delhi13 Jan 2016AY 2007-08
Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 4496/Del/2012 : Asstt. Year : 2007-08 Asstt. Commissioner Of Income-Tax Vs Sh. Saidan Kapoor, J-6, 1St Floor, Ndse, Part-I, Circle-32(1), New Delhi New Delhi (Appellant) (Respondent) Pan No. Ajnpk3289R Assessee By : Sh. Om Prakash, Adv. Revenue By : Smt. Anima Barnwal, Sr. Dr Date Of Hearing : 26.11.2015 Date Of Pronouncement : 13.01.2016 Order Per N. K. Saini, Am:
For Appellant: Sh. Om Prakash, AdvFor Respondent: Smt. Anima Barnwal, Sr. DR
Section 143(3)Section 147Section 148Section 55A
…Undoubtedly, it is an opinion by an "expert" but it must be collaborated with some other document to justify the re-assessment order. It is for this reason, that the Division Bench of Madras High Court in Commissioner of Income- tax vs. V.T. Rajendran (2007) 288 ITR 312 (Mad) has held that purely on the basis of DVO's report reassessment order cannot be passed. This Court is in full agreement with the law cited by the assessee in Commissioner of Income-tax Vs V.T. Rajendran (2007) 288 ITR 312 (Mad) and holds that re-assessment order cannot be passed purely on the basis of DVO’s report.” 5.5 In view the facts of…