2021 (3) TMI 440

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....E MR. JUSTICE A.M.BADAR FOR THE PETITIONER : BY ADVS. SRI.P.SATHISAN SMT.DONA AUGUSTINE FOR THE RESPONDENT : SC- SRI. JOSE JOSEPH JUDGMENT Dated this the 5th day of March 2021 Heard the learned counsel for the petitioner. 2. Learned counsel for the petitioner submits that the petitioner has sold its properties as per registered sale deed during the assessment year 2012-2013. However....

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....y attention was drawn to the order of the learned ITAT at Ext.P1. With this, it is argued that the order of the Income Tax Appellate Commissioner was duly complied and the assessment order at Ext.P2 was passed on 06/05/2020 by the Income Tax Officer by considering the report of the DVO. The learned counsel for the petitioner submits that without there being any reason, the 2nd respondent-Principal....

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....ellate Tribunal and the valuation report was called from the DVO. The same was considered and that is how, the assessment was done, vide order at Ext.P2. Therefore, in submission of the learned counsel for the petitioner, the 2nd respondent-Principal Commissioner of Income Tax is not justified in taking up suo motu revisional proceedings by a show cause notice at Ext.P4. 3. The learned standing....

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....t not be before the assessing officer, the Principal Commissioner can certainly use such report for exercising suo moto revisional jurisdiction. The matter is at the stage of show-cause notice. The 2nd respondent has proposed to revise the assessment order at Ext.P2 and for that purpose, objections of the petitioner are invited. Opportunity of hearing is also to be granted to the petitioner vide s....