2003 (4) TMI 227

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....91-92, 1992-93 and 1993-94 against the consolidated order passed by the learned CIT(A). 2. The common ground raised by the Revenue in all the appeals is that the learned CIT(A) was not justified in quashing the reassessment proceeding in view of the amended provision of s. 147 of the Act. 3. While framing assessment for the asst. yr. 1994-95, it was noticed by the AO that the assessee had in....

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.... before the Tribunal in all the three years. 5. The learned Departmental Representative supported the assessment orders and submitted that reopening on the basis of the report of the DVO was proper. He placed reliance on the decisions CIT vs. Dalmia Cement (Bharat) Ltd. (2002) 174 CTR (Del) 188 : (2002) 254 ITR 377 (Del) and K.G. Kemptur & Anr. vs. WTO (1984) 39 CTR (Kar) 1 : (1984) 146 ITR 611....

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....vs. IAC (1999) 156 CTR (Mad) 538 : (1999) 237 ITR 299 (Mad) and also the decision of the jurisdictional High Court in Smt. Uma Devi Jhawar vs. ITO (1996) 218 ITR 573 (Cal). We find that the assessments were reopened for the 3 years only on the basis of the valuation report of the DVO. The income and expenditure shown by the assessee in her books of account was accepted by the AO. The books of acco....

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....gh Court that the issue was not at all relevant for the purpose of this case. The decision in the case of K.G. Kemptur vs. WTO also does not relate to the issue in hand. It has been held by different High Courts including the jurisdictional High Court that the report of the DVO is merely an opinion and there is every chance that the findings of two opinions may differ from each other. Therefore, o....