1983 (1) TMI 137 - AT - Income Tax

Summary

Issues:
1. Addition made by the ITO on account of the cost of construction of a residential house.
2. Reduction given by the AAC in the addition towards the cost of construction.
3. Computation of income under the head 'property'.

Analysis:

Issue 1:
The appeals were regarding the addition made by the ITO on account of the cost of construction of a residential house. The assessee contended that the cost was incorrectly determined by the ITO based on the valuation officer's report, which was higher than the valuation provided by the assessee's engineer. The AAC made certain adjustments but did not fully accept the assessee's claims. The Tribunal noted that the AAC did not provide a basis for the reduction in the cost of construction. It was decided to restore the matter to the AAC for a proper consideration of the quantum of the cost of construction based on the material provided by the assessee.

Issue 2:
The department's appeal raised concerns about the reduction given by the AAC in the cost of construction. The revenue argued that the Valuation Officer had already considered all relevant factors, and there was no justification for further reduction without additional evidence. The assessee's representative countered that the Valuation Officer's valuation was not detailed, unlike the engineer's valuation. The Tribunal found that the AAC had not justified the reduction of Rs. 15,000 and decided to send the matter back to the AAC for proper evaluation based on the evidence presented by the assessee.

Issue 3:
Regarding the computation of income under the head 'property', the ITO estimated the annual value at 5% of the cost of construction, while the assessee estimated it differently. The AAC considered the annual value determined by the Quilon Municipality. The revenue challenged this decision, citing a High Court case. The Tribunal agreed with the assessee that the ITO's method of determining the annual value was arbitrary and upheld the AAC's decision to consider the municipal valuation for computing the income under the head 'property'.

In conclusion, the appeal by the assessee was allowed, and the appeal by the revenue was dismissed based on the Tribunal's analysis and decisions on the issues raised in the case.