2003 (9) TMI 20

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....delivered by M. KATJU J. -This writ petition has been filed for a writ of prohibition restraining the Assistant Valuation Officer, Income-tax, Lucknow, from submitting a valuation report in pursuance of the direction issued by the Assistant Director of Income-tax (ADI) (Investigation), Moradabad, under section 131(1) and (4) of the Income-tax Act, 1961. The petitioner has also prayed for quashi....

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.... annexures 1 and 2 to the writ petition. In the meantime the petitioner received a summon under section 131 of the Income-tax Act from the Assistant Director of Income-tax (Investigation), Moradabad, dated July 27, 1992, asking him to attend personally along with the assessment of any year of the petitioner. It is alleged that the assessment of the petitioner was being processed and completed b....

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....ioner was informed about this notice dated November 4, 1992, issued by the Assistant Valuation Officer, Lucknow, vide annexure 6 to the writ petition. The petitioner filed a detailed reply before the Valuation Officer giving details vide letter dated December 5, 1992, annexure 7 to the writ petition. Thereafter the Valuation Officer sent another letter to the petitioner expressing his intention to....

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....ference can only be made when some assessment proceedings are pending and reference can only be made by the Assessing Officer. The petitioner has relied on the judgment of this court in V. K. Jain v. WTO [1992] 193 ITR 89. In that decision it has been held that a reference to the Valuation Officer under section 16A of the Wealth-tax Act can only be made when there are assessment proceedings pendin....