9911796707
TMI Blog2013 (12) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... ue revolves around whether the appellant had incurred an additional expenditure of Rs. 22,10,000/- for additional construction of one room and renovation as contended by the learned counsel for the appellant, for the assessment year 2006-07. The following substantial questions of law would arise for consideration: "(i) In the facts and circumstances of the case, ought not the Tribunal have held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed expenditure of Rs. 20 lakhs and odd for the assessment year 2006-07 towards extension and renovation. However, the Department estimated the cost of renovation and construction at Rs. 42,10,000 i.e. Rs. 22,10,000/- over and above what was claimed by the appellant assessee. It is also not in dispute that this happened pursuant to a search in the premises of the appellant on 22.03.2007. The ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anthapuram, therefore there was no need for the Department to secure the information of the District Valuation Officer from Chennai who proceeded to value the renovation and cost of construction based on Central Public Works Department rates and not based on State Public Works Department rates. According to the learned counsel for the appellant, settled position is, when the rates declared by Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to arrive at valuation of the renovation and additional construction, definitely is a question of law, therefore, even if such issue was not raised earlier before any authority, as the said issue would go to the root of the matter, we are of the opinion, such issue could be entertained before this Court. 6. We place reliance on an earlier decision of this Court in I.T.A. No.109 of 2008 dated 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly the assessing officer would take into consideration what was the prevailing rates of PWD in the State of Kerala adopted for the particular assessment year in order to arrive at the cost of renovation and construction claimed by the assessee for the assessment year 2006-07. In that view of the matter, we are of the opinion, the orders of the three authorities based on the Central PWD rates is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
