2005 (1) TMI 19

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....the Revenue, the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal"), has referred the following questions of law arising out of its order dated January 31,1994, relating to the assessment year 1983-84 for the opinion of this court: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in deleting th....

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.... books of account was as under: ------------------------------------ Financial year         Rs. ------------------------------------ 1982-83                2,88,614.05 1983-84               &nbsp....

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....,60,200. Since there was difference of Rs. 2,71,360 between the cost of construction shown by the assessee and the cost of construction determined by the Departmental Valuation Officer, the assessee was called upon to explain the difference. The assessee raised various objections to the report of the Departmental Valuation Officer which were overruled by the Assessing Officer and made an addition ....

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....ssee were duly audited and no defect in the same had been pointed out by the Assessing Officer. The apex court, in Smt. Amiya Bala Paul v. CIT [2003] 262 ITR 407 has held that the Departmental Valuation Officer cannot be called upon to give a report to the Assessing Officer under the Act except when a reference under section 55A or 269L of the Income-tax Act, 1961, is made. The Assessing Office....