2013 (10) TMI 286

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....: Ms. Vandna Kuthiala, Advocate, vice counsel. ORDER Justice A. M. Khanwilkar, C.J. (Oral) Heard counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Counsel for the respondent waives notice. As short question is involved, the petition is taken up for final disposal forthwith, by consent. 3. The petition essentially takes exception to the show-cause notice i....

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....the valuation report was not received from the departmental valuer till 30-12-2009. Since the case was barred by time limitation on 31-12-2009, the assessment was completed subject to valuation of building by the departmental valuer. The departmental valuer submitted his report vide his letter No. VO/PTA/IT-14/2009-10/104 dated 03-06-2010. As per valuation report total investment in the buildin....

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....o him at a later point of time. This position is well settled. 5. Counsel for the department, however, submits that the basis on which this argument is canvassed is incorrect. According to the learned counsel for the department, the valuation report was very much available with the Assessing Officer as it was sought by making reference under Section 142A of the I.T. Act. Counsel for the departm....