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TMI Blog2002 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... 16-7-2002 - Judge(s) : V. S. SIRPURKAR., N. V. BALASUBRAMANIAN. JUDGMENT The judgment of the court was delivered by N. V. BALASUBRAMANIAN J.-Rule returnable forthwith. Mr. T. C. A. Ramanujam, learned senior standing counsel takes notice for the Department. This appeal is preferred against the order of the Income-tax Appellate Tribunal for the assessment years 1988-89, 1989-90 and 1990-91. The short question that arises is whether the estimate made by the Income tax Officer, which was reduced by the Commissioner of Income-tax, and which was further reduced by the Income-tax Appellate Tribunal is proper and whether any question of law arises out of the order of the Appellate Tribunal. The assessee had constructed a multi-st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cost of construction of the building to be Rs. 26,88,914, and reduced the difference to Rs. 11,03,914, and partly allowed the appeal. The assessee, not satisfied with the reduction granted by the Commissioner of Income-tax (Appeals), preferred a further appeal before the Income-tax Appellate Tribunal. Before the Tribunal, the submission on behalf of the learned senior counsel appearing for the assessee was that the Valuation Officer should have adopted the State P. W. D. rates instead of the Central P. W. D. rates as the building was constructed in Nagapattinam and further reduction should also be given in the cost of service provided in the building. The Tribunal held that in the case of Dr. Dhass, the Tribunal had adopted the C. P. W. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to agree. We find that the Tribunal has taken into account, the nature of the building, the location of building and also took into account that the deduction was already granted on account of self-supervision and then it held that the deduction of 15 percent on the C. P. W. D. rates should be granted. As far as the cost of services is concerned, the Tribunal held that the estimate should be reduced to 11 percent and thus the cost of construction was arrived at. We are of the view that the finding determining the cost of construction of the building is a pure question of fact, particularly when the cost of construction was arrived at on an estimated basis. We therefore hold that no question of law is involved in estimating the cost of co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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