Darshan Buildcon. v. ITO (2019) 416 ITR 66 (Guj) (HC)

S. 147 : Reassessment –With in four years-Notice based solely on report of District valuation Officer is not valid . [ S. 142A ,148 ]

Court held that before making the reference to the District Valuation Officer, the Assessing Officer did not reject the books of account and on the contrary, he framed the assessment on the basis of the cost of construction as reflected in the books of account. Under the circumstances, in the first place, no reference under S. 142A of the Act as it stood at the relevant time could have been made without rejecting the books of account. Moreover, merely on the basis of the District Valuation Officer’s report, without any other material indicating escapement of income for the year under consideration, the Assessing Officer was not justified in reopening the assessment. The notice of reassessment was not valid. (AY. 2011-12)