SHRI VINODBHAI J. PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(5), VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

capital gains. Casus omissus, which broadly refers to the principle that a matter which has not been provided in the statue but should have been there, cannot be supplied by us, as, to do so will be clearly beyond the call and scope of our duty which is only to interpret the law is it exists. Hon'ble Supreme Court

THE ITO, WARD-1(2)(4), BARODA vs. SHRI NATWARBHAI J. PATEL, VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

capital gains. Casus omissus, which broadly refers to the principle that a matter which has not been provided in the statue but should have been there, cannot be supplied by us, as, to do so will be clearly beyond the call and scope of our duty which is only to interpret the law is it exists. Hon'ble Supreme Court

LOVY RANKA,AHMEDABAD vs. DCIT CIRCLE 5(2),, AHMEDABAD

In the result, the appeal is allowed for statistical purposes in the terms indicated above

Bench: Us, But Then, As Is The Settled Legal Position, When A Reference Is Made To The Dvo, The Assessing Officer Has A Duty To “So Far As The Valuation Of The Asset In Question Is Concerned, Proceed To Complete The Assessment In Conformity With The Estimate Of The Valuation Officer”. The Question Then Arises Whether We Can Deal With The Question Of Correctness Of The Dvo’S Report- Particularly When The Assessing Officer Apparently Has No Say In This Regard.

gains. It was submitted that when the Assessing Officer is under a statutory obligation to adopt such a valuation, no fault can be found is his action of doing so, and, therefore, appellate authorities cannot question that action either. As for the stand of the coordinate benches, learned Departmental Representative submitted that what is important is the legal framework