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ITAT being final fact finding body can direct AO for making addition by ignoring report of valuation officer
Case Law Details
- Case Name
- CIT Vs Parminder Singh (Punjab & Haryana High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Punjab and Haryana HC
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Issue before the High Court:
Whether the ITAT, not being an authority expert in valuation of property, is right in directing the AO to make an addition of Rs. 15 lacs ignoring the expert opinion of the Valuation Officer.
Whether the ITAT could have held that in the facts and circumstances of the present case that the Assessing Officer should have applied PWD rates instead of CPWD rates.
Brief facts of the case:
A search was conducted under Section 132 upon assessee, who is a builder, on 11.09.2007 and loose papers/documents were found.
The assessee filed a return on 26.03.2...
Powers of ITAT:
Section 254(1)-The appellate tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it think fit.
Section 255(6)- The appellate tribunal shall, for the purpose of discharging functions, have all the powers which are vested in the Income Tax Authorities referred to in section 131, and any proceeding before the Appellate tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purpose of section 196 of Indian Penal Code (45 of 1860), and the Appellate shall be deemed to be civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).
Therefore any order which clear the facts of the case is in order of the jurisdiction of the Tribunal.