Hiaben Jayantilal Shah v. ITO

310 ITR 31High Court2009#1718 most cited

What is Hiaben Jayantilal Shah v. ITO authority for?

When an assessee presents a registered valuer's report for an asset, the Assessing Officer, if forming an opinion that the value claimed is less than the fair market value, must refer the valuation to the Valuation Officer under Section 55A(a). The AO cannot unilaterally reject the registered valuer's report or resort to Section 55A(b) in such a scenario.

66

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

Hiaben Jayantilal Shah v. ITO · Section 55A · registered valuer report · Assessing Officer · Valuation Officer reference · fair market value · Section 55A(a) · Section 55A(b) · DVO reference · property valuation

Issues it is cited on

Judgments citing Hiaben Jayantilal Shah v. ITO

KIRANKUMAR RAMANLAL NAIK,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(2), SURAT

In the result, the appeal of the assessee is allowed

ITA 18/SRT/2023[2012-13]Status: DisposedITAT Surat18 Apr 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.18/Srt/2023 "नधा"रण वष"/Assessment Year: (2012-13) (Virtual Hearing) Kirankumar Ramanlal Naik, Vs. Income Tax Officer, 415, Dabhi Street, Near Zanda Chowk, Ward-2(3)(2), Room No.615, 6Th Floor, Aayakar Bhavan, Mota Varachha, Surat – 395006. Majura Gate, Surat-395001 (""थ" /Respondent) (अपीलाथ" /Appellant) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akcpn2062P िनधा"रती की ओर से /Appellant By Shri Rushin Patel, Ar राज"व क" ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing 11/04/2023 घोषणा की तारीख/Date Of Pronouncement 18/04/2023

Section 143(3)Section 147Section 55A

…of the asset. Any such situation would be governed by clause (a) of section 55A of the Act and the Assessing Officer could not have resorted to clause (b) thereof as held by the Division Bench of this Court in the case of Hiaben Jayantilal Shah v. ITO [2009] 310 ITR 31/181 Taxman 191 (Guj.). In the said decision, it was held and observed as under:— "10. Under clause (a) of sec. 55A of the Act under the Assessing officer is entitled to make the reference to the Valuation Officer in a case where the value of the asset as claimed by the assessee is in accordance with the estimate made by the Registered Valuer, if t…

JITENDRA SHANTILAL PATEL,AHMEDABAD vs. THE ITO, WARD-14(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 2360/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad07 Oct 2022AY 2011-12

Bench: Mrs.Annapurna Gupta & Miss Suchitra Kambleassessment Year :2011-12 Jitendra Shantilal Patel Vs. Ito, Ward-14(3) 2, Ajubhai Park, Ahmedabad. Opp: Panetar Party Plot Thaltej, Ahmedabad 380 059. अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri Kalpesh Shah, Ar Revenue By : Shri Shramdeep Sinha, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 15/07/2022 घोषणा क" तार"ख /Date Of Pronouncement: 07/10/2022 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Passed By The Ld. Commissioner Of Income-Tax(Appeals)-4, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A) Under Section 250(6) Of The Income Tax Act, 1961 ("The Act" For Short) Dated 17.10.2018 Pertaining To The Asst.Year 2011-12. 2. The Ground Raised By The Assessee In His Appeal As Under: “1. Order Bad In Law: The Learned Commissioner Of Income Tax Appeals - 4 Grossly Erred To Uphold Order Of Assessing Officer Disrespecting Order Of Hon'Ble Gujarat High Court. 2. Order Passed Overlooking Judicial Discipline & Precedents: 2

For Appellant: Shri Kalpesh Shah, ARFor Respondent: Shri Shramdeep Sinha, Sr.DR
Section 154Section 250(6)Section 55A

…arat High Court on the same point of law as represented in written submissions dated 09/02/2015, as re-produced here-under 23. We wish to place reliance on judgments of Hon'ble jurisdictional Gujarat High Court in case of Hitaben Jayantilal Shah vs ITO (2009) 310 ITR 31 (Gujarat High Court). The said judgment directly and fully applied to the facts of the present case. (Copy of decision enclosed as Annexure 4) 24. Further decision of Hon'ble ITAT Ahmedabad Bench C in case of ITO vs Nitin Jayantilal Shah ITA No 1988/Ahd/2009 date of order 6/5/2011. Copy of decision is enclosed on Page No 14 to 27 of Paper Book. (C…

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Hiaben Jayantilal Shah v. ITO (310 ITR 31) — Cited in 66 Judgments | BharatTax