Ravi Haldiya v. Cit & Ors

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPURS.B. CIVIL WRIT PETITION NO.1918/2011Ravi Haldiya Vs. CIT & Ors. Date of order : 14/2/2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Jindal withShri M.L. Boraid ) for the petitioner.****** Petitionesr has filed this writ petitionassailing the valuation report made by ShriKamal Kumar Kasliwal. It is contended that petitioner is aexporter of precious and semi preciousstones. His business premises were raided bythe income tax authorities. The stock wasgot valued by Shri Kamal Kumar Kasliwal, anapproved valuer of the income taxdepartment, who while assessing the stockhas made exaggerated valuation of the stockand there are very many discrepancies in thevaluation report and on the basis of whichassessment order has been framed. Petitionerhas no remedy against the valuation report,therefore, he had to approach this Court. On being asked, learned counselsubmitted that petitioner has filed appealagainst the assessment order before theIncome Tax Appellate Tribunal. If that beso, petitioner can agitate all thesearguments before the Income Tax AppellateTribunal, which in accordance with law, mayconsider the same. 2 It is contended that petitioner alsorequested for re-valuation of the stock.Even that request also is liable to beexamined within the permissible limits oflaw. This Court cannot straight wayentertain the writ petition against thevaluation report. The remedy of thepetitioner lies else where including beforethe Income Tax Appellate Tribunal, where hisappeal is said to be pending. Petitioner canagitate all these arguments before theIncome Tax Appellate Tribunal.With that liberty the writ petition is dismissed as being misconceived. (MOHAMMAD RAFIQ), J. RS/-