2025 (3) TMI 1963

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....sh, Sr. DR For the Assessee : Shri Rajeshwar Painuley, CA ORDER PER AMITABH SHUKLA, AM: This appeal by Revenue is directed against the order of Commissioner of Income Tax (Appeals)-27, New Delhi, [for short hereinafter referred to as the "(Ld. CIT(A)"] dated 09.05.2017 for Assessment Year 2011-12. 2. Before proceedings, further, we deem it necessary to briefly recapitulate the facts....

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....l against the said action of Ld. CIT(A). The Ld. DR vehemently argued in favour of the Assessing Officer, by relying upon written submission dated 23.03.2022 filed in this case by the Revenue. The Ld. Counsel for the assessee, placed reliance upon the action of Ld. CIT(A) in granting the impugned relief 3. We have heard rival submissions in the light of material available on record. We have not....

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....n Officer to whom a reference is made under sub-section (1) shall, for the purposes of dealing with such reference, have all the powers that he has under section 38A of the Wealth-tax Act, 1957 (27 of 1957). (3) On receipt of the report from the Valuation Officer, the Assessing Officer may, after giving the assessee an opportunity of being heard, take into account such report in making su....

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....present case, the impugned reference to DVO was made on 05.03.2015 i.e. prior to issuance of notice u/s 148 of the Act, on 01.04.2015. Pertinently, the impugned position has also emanated from the written submissions dated 23.03.2022 of the revenue (supra). It is thus clear that at the time of reference to the DVO, there was no pendency of any assessment or reassessment proceedings. Consequently, ....