1977 (1) TMI 81 - AT - Income Tax

Summary

Issues:
- Appeal against the order of the Commissioner of Income-tax Bihar-II under s. 263 of the Income-tax Act regarding income from house property for the assessment year 1971-72.

Analysis:
1. The Commissioner of Income-tax directed the Income-tax Officer to add Rs. 16,000 to the assessee's income, citing discrepancies in the cost of construction of a property. The Commissioner found a variance between the cost of construction shown by the assessee and the valuation by an approved valuer, estimating the cost of construction at Rs. 1,10,000. The Commissioner considered the completion dates of different construction phases and estimated additional expenses for sanitary fittings.

2. The assessee argued that the Commissioner did not properly consider the facts of the case, emphasizing that the valuer's report only provided the property's value, not the actual cost of construction. The assessee disputed the valuation of land and construction by the valuer, asserting that the Commissioner failed to demonstrate any revenue prejudice resulting from the accepted cost of construction. The assessee contended that no additional investment beyond what was recorded had been made.

3. The departmental representative contended that the Income-tax Officer hurriedly completed the assessment without thorough investigation. The representative highlighted the absence of specific valuation for sanitary fittings by the valuer, suggesting a reconsideration by the Income-tax Officer.

4. The Appellate Tribunal scrutinized the case and found no concrete evidence establishing revenue prejudice due to the accepted cost of construction. The Tribunal noted that the valuer's report indicated a higher value in 1970, considering the property's construction timeline. The Tribunal emphasized the lack of proof for an extra investment of Rs. 16,000 and overturned the Commissioner's order, ruling that the addition to the assessee's income was unwarranted.

5. Consequently, the Appellate Tribunal allowed the appeal, setting aside the Commissioner's directive to add Rs. 16,000 to the assessee's income.