MOHAL CHAND BHARDWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petition is directed against the report of the Valuation Officer dated March 18, 1997, made on a reference u/s 55A 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. Reliance is placed on WENGER AND CO. AND OTHERS Vs. DISTRICT VALUATION OFFICER, NEW DELHI AND OTHERS., (1978) 8 CTR 16 : (1978) 115 ITR 648.

(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 assessment is available to the petitioner and, Therefore, the petition does not lie. Reliance is placed on Commissioner of Wealth-tax Vs. Dr. H. Rahman, (1991) 99 CTR 39 : (1991) 189 ITR 307.