2013 (10) TMI 165

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....ocate For the Respondent : Mr. Vivek Sethi, Advocate ORDER Ajay Kumar Mittal,J. 1. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 28.11.2008, Annexure A.4, passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (in short, "the Tribunal") in ITA No.405 (ASR)/2008, for the assessme....

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....9 of the Income Tax Act, 1961? 3. Whether the Tribunal is right in law and facts of the case in sustaining the entire addition of Rs. 5,79,586/- so made by the AO in the hands of the assessee appellant in the Assessment year 2005-06? 2. Briefly, the facts necessary for adjudication of the controversy involved, as narrated in the appeal, may be noticed. The appellant is an individual. He is r....

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....his report dated 21.11.2007 estimated the valuation of the Petrol pump building on the basis of which the Assessing Officer made an addition of an amount of Rs. 5,84,586/- and thereafter framed assessment under Section 143(3) of the Act at an amount of Rs. 27,16,399/- vide order dated 19.12.2007, Annexure A.1. Aggrieved by the order, the assessee filed appeal before the Commissioner of Income Tax ....

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....f Income Tax, (2010) 328 ITR 513, this Court in CIT v. Chohan Resorts, (2012) 253 CTR (P&H) 106, Gujarat High Court in Goodluck Automobiles (P) Limited v. Assistant Commissioner of Income Tax, (2012) 254 CTR (Guj) 1 and Allahabad High Court in CIT v. Lucknow Public Educational Society, (2011) 339 ITR 588 (All), the action in referring the matter to the DVO was bad. 4. On the other hand, learned....