Seema Devi Bansal, New Delhi vs Assessee on 29 June, 2012
Similarly in
10
ITA No. 342/Del/2012
the case of CIT vs. Puneet Sabharwal (supra) the AO solely relying upon the
report of the DVO had made addition. There was admittedly no evidence or
material in the possession of the AO to come to the conclusion that assessee had
paid extra consideration over and above what was stated in the sale deed. The
Hon'ble High Court was pleased to hold that the primary burden of proof to
prove understatement or concealment of income is on the revenue and it is only
when such burden the discharged that it would be permissible to rely upon the
valuation given by the DVO. It was further held that the opinion of the valuation
officer, per se, was an opinion and could not be relied upon without the books
of accounts being rejected.