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TMI Blog2006 (11) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Income-tax Appellate Tribunal in I.T.A. No. 552/Mds/2004, dated December 16, 2005, for the assessment year 1999-2000. The brief facts are that the assessee constructed a kalyana mandapam. On scrutiny of assessment, the Assessing Officer referred the cost of construction to the Valuation Officer, who arrived at the cost of Rs. 52,93,400. On completion of assessment, the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artmental Valuation Officer with that of the registered valuer with a further direction to apply the State PWD rates instead of applying the Central PWD rates to arrive at the actual cost of construction. Aggrieved over the same, the Revenue has preferred the present appeal raising the following substantial questions of law: "1. Whether, on the facts and circumstances of the case, the Tribunal wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of construction are purely questions of fact. On going through the order of the Tribunal, we find that the Commissioner of Income-tax (Appeals) had only taken into account the registered valuer's report and had not compared the same with the Departmental Valuation Officer's report, which exercise of comparison would only ensure that there is no difference between these two reports regarding area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of ours is also supported by the decision of the Rajasthan High Court in CIT v. Elegant Homes P. Ltd. [2003] 259 11R 232, wherein it has been held that the cost of construction was basically a question of fact and therefore, the view taken by the Income-tax Appellate Tribunal on the issue of investment in construction, could not be interfered with. Hence, we find no question of law much less ..... X X X X Extracts X X X X X X X X Extracts X X X X
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