refer to Valuation officer
This query is : Resolved
16 April 2010
In which case a assessing offer can refer to valuation officer for valuaing the fair market value of a capital assest & under which rule or section.
16 April 2010
[Reference to Valuation Officer.
55A.With a view to ascertaining the fair market value of a capital asset for the purposes of this Chapter44, the 45[Assessing] Officer may refer the valuation of capital asset to a Valuation Officer—
(a) in a case where the value of the asset as claimed by the assessee is in accordance with the estimate made by a registered valuer, if the 45[Assessing] Officer is of opinion that the value so claimed is less than its fair market value ;
(b) in any other case, if the 45[Assessing] Officer is of opinion—
(i) that the fair market value of the asset exceeds the value of the asset as claimed by the assessee by more than such per- centage46-47 of the value of the asset as so claimed or by more than such amount46-47 as may be prescribed in this behalf ; or
(ii) that having regard to the nature of the asset and other relevant circumstances, it is necessary so to do,
48and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clauses (ha) and (i) of sub-section (1) and sub-sections (3A) and (4) of section 23, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall with the necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the 49[Assessing] Officer under sub-section (1) of section 16A of that Act.
Explanation.—In this section, “Valuation Officer” has the same meaning, as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of 1957).]
55A.With a view to ascertaining the fair market value of a capital asset for the purposes of this Chapter44, the 45[Assessing] Officer may refer the valuation of capital asset to a Valuation Officer—
(a) in a case where the value of the asset as claimed by the assessee is in accordance with the estimate made by a registered valuer, if the 45[Assessing] Officer is of opinion that the value so claimed is less than its fair market value ;
(b) in any other case, if the 45[Assessing] Officer is of opinion—
(i) that the fair market value of the asset exceeds the value of the asset as claimed by the assessee by more than such per- centage46-47 of the value of the asset as so claimed or by more than such amount46-47 as may be prescribed in this behalf ; or
(ii) that having regard to the nature of the asset and other relevant circumstances, it is necessary so to do,
48and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clauses (ha) and (i) of sub-section (1) and sub-sections (3A) and (4) of section 23, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall with the necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the 49[Assessing] Officer under sub-section (1) of section 16A of that Act.
Explanation.—In this section, “Valuation Officer” has the same meaning, as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of 1957).]
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