Anand Banwarilal Adhuika Vs. Deputy Commissioner of Income Tax, Circle 1

Section 142A, read with section 69, of the Income-tax Act, 1961 - Estimate by Valuation Officer in certain cases (Applicability of) - Assessment year 2008-09 - Whether initial starting point for triggering a reference to valuer has to be invocation of section 69 and therefore, unless and until there is some material before Assessing Officer to hold that case of an assessee falls under section 69, he cannot call for report of valuer, to estimate value of such unexplained investment or expenditure in bullion, jewellery, etc. - Held, yes - Whether where Assessing officer had no cogent material available to satisfy himself about requirement of section 69, reference could not have been made under section 142A - Held, yes [Para 11] [In favour of assessee]