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TMI Blog2015 (3) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... indicating that CPWD rate alone should be adopted in arriving at the cost of construction, the Tribunal is justified in adopting the valuation of the State P.W.D. rates for the purpose of determining the cost of construction. Tribunal was justified in partly allowing the appeal filed by the Revenue. - Decided against revenue. - T.C.A. No. 488 of 2008 - - - Dated:- 4-2-2015 - R. Sudhakar And S. Vimala,JJ. For the Appellant : Mr. T. Ravikumar For the Respondents : Mr. S.Sridhar JUDGMENT (Delivered By R. Sudhakar, J.) Aggrieved by the order of the Tribunal in dismissing the appeal filed by it, the Revenue is before this Court by filing the present appeal. This Court, vide order dated 2.7.08, while admitted the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The Revenue, aggrieved by the said order, preferred appeal to the Tribunal. Before the Tribunal, the assessee had offered for the addition of ₹ 8 Lakhs as it was submitted that Coimbatore was a smaller town. The said addition was agreed by the Tribunal and the appeal filed by the Revenue was allowed in part affirming the other part of the order of the CIT (Appeals). Aggrieved by the said order of the Tribunal, the Revenue is before this Court by filing the present appeal raising the above substantial questions of law. 5. Heard Mr.Ravikumar, learned counsel appearing for the appellant/Revenue and Mr.Sridhar, learned counsel appearing for the respondent/assessee and perused the materials available on record. 6. It is brought t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of construction at PWD rates for Virudhunagar District is applicable, there is no reason for the Valuation Officer to adopt the rate, which is prevalent at distant places and metropolitan cities like Delhi. Hence, on going through the Valuation report, we find that the authorities below committed serious error, hence, we feel that the proper course herein is to remit the matter back to the Assessing Officer to apply the PWD rates at Virudhunagar District in the year 1998-99 with regard to the cost of construction of the assessee's house, so as to ultimately find out what could be the deemed income under Section 69B for the purpose of assessment. 13. Therefore, it is evident that in a case of this nature, the Department should give ..... X X X X Extracts X X X X X X X X Extracts X X X X
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