1990 (1) TMI 65 - HC - Income Tax

Summary

Issues involved: Determination of cost of construction for income tax purposes.

Summary:
The assessee and his brother purchased a leasehold plot and constructed a building thereon. There was a dispute regarding the estimated investment in the property. The Income-tax Appellate Tribunal estimated the cost of construction at three lakhs rupees, differing from the Commissioner of Income-tax's higher estimate. The Department, aggrieved by the Tribunal's decision, filed an application for reference under section 256(2) of the Income-tax Act.

Upon review, the High Court found that the Tribunal had considered various factors, such as using U.P. P.W.D. rates for estimating construction costs and disregarding the Commissioner's assessment of the structure. The Tribunal also took into account the valuer's report in determining the cost of construction. The Court concluded that the Tribunal's decision was based on relevant considerations and assessment of the evidence on record. Consequently, the Court held that no question of law arose from the Tribunal's order.

As a result, the application was dismissed, and costs were imposed on the Department.