TMI Blog2007 (7) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. JUDGMENT The judgment of the court was delivered by P. B. Majmudar J.— We have heard learned counsel for the appellant. 2. By filing this appeal under section 260A of the Income-tax Act, 1961, the assessee has challenged the judgment delivered by the Tribunal, Jodhpur Bench, Jodhpur in Appeals Nos. 347/2002 and 348/2002. The Tribunal dismissed both the appeals by a common judgment. 3. In the present tax appeal, the appellant has challenged the order of the Tribunal passed in Appeal No. 348/2002 which relates to the assessment year 1995-96. 4. The appellant assessee constructed a house in the city of Udaipur located at 9, Govindpura Colony. The construction was completed during the financial years 1993-94 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anuary 23, 2001, in Appeal No. 1/IT/IDB/2000-01 for the assessment year 1997-98. 8. The Commissioner of Income-tax (Appeals) accepted the said submissions made on behalf of the present appellant and accordingly, 20 per cent. deduction was granted from the total cost of construction estimated by the Assessing Officer. The Commissioner of Income-tax (Appeals) accordingly, reduced Rs. 3,61,158 from the total addition of Rs. 5,01,660 and accordingly, granted relief of Rs. 3,61,158. For the year, i.e., 1995-96, the said relief was given at Rs. 4,67,732. The assessee thereafter challenged the said order before the Tribunal, Jodhpur Bench, Jodhpur, in connection with two assessment years, i.e., 1998-99 and 1995-96. The two appeals were preferr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income-tax (Appeals) was in connection with the valuation on the basis of CPWD rates. The first appellate authority, i.e., the Commissioner of Income-tax (Appeals), accepted the said submission and 20 per cent. deduction was also granted. However, before the Tribunal for the first time, the appellant argued that the initiation of reassessment proceedings was not competent as this was not the proceedings initiated on the basis of the search. The Tribunal have found that no such ground was raised at any point of time before the appellate authority nor any such issue was raised before the Commissioner of Income-tax (Appeals). The Tribunal specially found in paragraph 4 of the order that the Commissioner of Income-tax (Appeals) has accepted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdictional High Court, the appeals of the Revenue are hereby dismissed." 11. It is not in dispute that the appeals of the Revenue were dismissed after hearing the present appellant who was the respondent in the aforesaid appeals whereby the order in favour of the assessee was confirmed. It is surprising to note that at the time of hearing of the appeal, the assessee had not pointed out that there were cross-appeals which are required to be heard together. We are of the opinion that when there are two cross-appeals, pending before the different authority or the Tribunal or the court, the efforts should be made to see that such appeals are heard together so that by a common judgment, the same can be decided. Be that as it may, it is not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving deduction of 20 per cent. from the valuation made by the DVO is the correct valuation and such findings of fact cannot be disturbed by this court as this tax appeal can be entertained only on a substantial question of law. In this connection reference is required to be made to the Division Bench judgment of this court in the case of CIT v. Dinesh Talwar [2004] 265 ITR 344. In the aforesaid judgment, it has been held by the Division Bench as under (page 344) : "The Tribunal has valued the property adopting the rate of PWD. What should be the value of the construction, is basically a question of fact and that depends upon the material used, the location and the quality of construction. Therefore, straightaway, applying the PWD r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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