Saurabh Baderia vs Union Of India
2021 Latest Caselaw 4433 MP

                                  1                               WP-14530-2021
        The High Court Of Madhya Pradesh
                   WP-14530-2021
                 (SAURABH BADERIA Vs UNION OF INDIA AND OTHERS)

1
Jabalpur, Dated : 17-08-2021
      Heard through Video Conferencing.
      Shri Sapan Usrethe, learned counsel for the petitioner.
      Issue notice.
      Shri J.K.Jain, learned Assistant Solicitor General accepts notice on
behalf of the respondent no.1/Union of India.

The contention of the learned counsel for the petitioner is that as per provisions of Section 142A(6) of the Income Tax Act, 1961, the Valuation Officer was mandatorily required to submit a copy of the valuation report of the estimate made under sub section 4 or 5 thereof to the Assessing Officer and the assessee, within a period of 6 months from the date of the month in which reference is made under sub section 1 thereof.

Admittedly, in the present case, a reference was made on 05.05.2016 and Valuation Officer failed to send the report within a period of six months. In such situation, the Assessing Officer has finalized the assessment

proceedings by passing the assessment order on 27.12.2017. The action of the Valuation Officer now further proceeding with the matter and issuing the notice dated 05.07.2021 is without jurisdiction. Reliance is placed on the judgment of Hon'ble Calcutta High Court in Reliance Jute Industries Ltd. Vs. Income Tax Officer & Ors. (1984) 150 ITR 0643 List after six weeks.

In the meanwhile, the respondents are restrained from proceeding further on the basis of notice dated 05.07.2021.

      (MOHAMMAD RAFIQ)                             (VIJAY KUMAR SHUKLA)
       CHIEF JUSTICE                                          JUDGE


anu
                                       2   WP-14530-2021




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Date: 2021.08.18 16:12:16 IST