Pakistan Case Lawโ† Search
1999 PTD 2754

MOHAL CHAND BHARDWAJ vs UNION OF INDIA and others

Citation1999 PTD 2754
CourtDelhi High Court
Case No.Writ Petition No,1698 of 1997
Date1997-07-17
Judge(s)R. C. LahotiK. Mehra
ResultOrder accordingly

1. ' The petition is directed against the report of the Valuation Officer, dated March 18, 1997, made on a reference under section 55-A of the Income-tax Act. It is submitted by learned counsel for the petitioner that the report of the Valuation Officer is binding on the Income-tax Officer and proceedings for valuation being quasi-judicial, a writ of certiorari there against is maintainable.

2. Reliance is placed on Wenger & Co. v. District Valuation Officer (1978) 115 ITR 648 (Delhi).

3. ' Senior standing counsel for the respondents has opposed the admission of the petition submitting that alternative efficacious remedy of challenging the valuation report in appeal to be preferred against the order of assessm ent is available to the petitioner and, therefore, the petition does not lie. Reliance is placed on CWT v. Dr. H. Rahman (1991) 189 ITR 307 (All.).

4. ' He also pointed out that during the pendency of this petition, on April 28, 1997, the assessment itself has been finalised on April 28, 1997, in conformity with the valuation report. This fact is not disputed by learned counsel for the petitioner who states that subsequently, in the month of May, 1997, the order of assessm ent has been communicated to the petitioner.

5. ' We express no opinion on the question whether the report of the Valuation Officer is binding on the Assessing Income-tax Officer or not. On the short question that the assessment having been finalised and an alternate efficacious remedy of filing an appeal wherein challenge can be led to the report of the Valuation Officer is available to the petitioner, the petition is dismissed in limine. It would be open to the appellate authority to go into the pleas raised by the petitioner against the valuation report.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch