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2003 (7) TMI 286

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....olding that DVO report is not a material found during the course of search when there is a finding by the CIT(A) in his order itself that the reference to the Valuation Cell was based on purchase bills for marble found and seized at the time of search. 2. The facts in brief are that the assessee had constructed a house at Mandsaur declaring an investment of Rs. 16,13,823 in his return. The AO was....

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.... the course of search. Against this first appellate order, the Department is in appeal. 3. The learned Departmental Representative supports the ground of appeal while reiterating the block assessment order. He submits that the AO was very reasonable while allowing the relief. The learned Authorised Representative, on the other hand, submits that nothing was undisclosed; marble bills seized were a....

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.... assessee. The learned Departmental Representative rejoins with further submission that s. 292B of the Act takes care of any procedural error. 4. After considering the arguments advanced by the parties in view of the materials available on the record and the judgments relied upon by the learned Authorised Representative, we agree with the findings of the learned CIT(A) that the transactions which....