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TMI Blog2013 (7) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... uation Officer, adopting CPWD rates. It is not denied by the Revenue that there is a variation between the CPWD rates and the State PWD rates. Considering the geographical location, the availability of work force and the cost of materials, unless there are similarities in the rates under CPWD and the State PWD, we do not think, we can blindly go by CPWD rates for the purpose of arriving at the cost of construction - Assessing Officer directed to work out ost of construction, to be distributed in assessment years 1997-98 and 1998-99 by taking State PWD rates - Decided in favour of revenue. - Tax Case (Appeal) No.185 of 2010 - - - Dated:- 4-6-2013 - Chitra Venkataraman And K. B. K. Vasuki,JJ. For the Appellant : Mr. N. V. Balaji Stan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000/-. The assessee objected to the valuation done by the District Valuation Officer. After considering the objections, as against the claim of 20% for own supervision and purchase of material, the Assessing Officer adopted an allowance of 10% as against 7.5% arrived at by the District Valuation Officer. Aggrieved by the order of assessment, the assessee went on appeal before the Commissioner of Income Tax (Appeals). The first appellate authority held that the Assessing Officer has no power to refer the valuation to the District Valuation Officer under Section 133(6) and under Section 142(2) or under Section 131 of the Income Tax Act, for valuing the appellant's property, by following the decisions of the Apex Court reported in [2003] 262 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. He further pointed out that the construction is made in a big city, namely, Coimbatore, and that it is not a small city, as had been stated in the order. 4. We have perused the orders passed by the authorities below. We agree with the contention of the learned Standing Counsel appearing for the Revenue that the order of the Tribunal is totally without any basis. As rightly pointed out by the learned Standing Counsel, the construction of the shopping and residential complex is in Coimbatore, which is not a small town, but a Corporation. A reading of the order of assessment shows that the Income Tax Officer had not agreed with the Valuation Officer's report as it is, particularly when he noted that the assessee himself had undert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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