9911796707
TMI Blog2020 (2) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has not provided any alignment map/route map of bridge and at present, the work is stopped and as on date of sale, the bridge is not in existence. The said findings of the DVO remain uncontroverted before us and we therefore don t find any justifiable reason to interfere with the said findings of the DVO and the first objection is hereby dismissed. Regarding the other objection raised by the ld AR regarding adoption of CPWD rates as against PWD rates, we agree with ld AR that where the shops are situated in the jurisdiction of state PWD, State PWD rates should be applied for estimation of cost of construction of shops. The same is the consistent position of this Bench following the decision of Hon'ble Supreme Court in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat State PWD rates should be adopted. Moreover Ld Lower authorities did not consider the objections filed by the assessee in regards to repot of DVO. 2. Briefly the facts of the case are that the assessment in this case was completed U/s 143(3) of the Act dated 29.12.2015. During the course of assessment proceedings, the Assessing Officer observed that the assessee has shown sale consideration of three shops at ₹ 6,75,000/- being his 1/3 share out of total sale consideration of ₹ 20,25,000/- whereas the Sub-Registrar has valued these three shops at ₹ 39,65,418/- and the assessee s share comes to ₹ 13,21,806/-. The assessee was issued a show cause as to why the value should not be taken as per Section 50C at &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Acquisition Act was submitted. It was further submitted that the valuation Officer has taken value of construction of the three shops as per CPWD rate whereas it should be valued as per PWD rate a position which has been accepted by the Hon ble Rajasthan High Court in case of CIT vs. Shri Prem Kumar Mardhiya 216 ITR 508. It was further submitted that the comparable case of sale of shops was also not considered by the Valuation Officer. The objections so filed by the assessee were considered but not found acceptable to the Assessing Officer. As per the Assessing officer, he is not a technical person to value the shops and the determination of the valuation is final as per report of Valuation officer and undersigned has no authority to inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DLC rate and not as per fair market value and the fact that the shops were situated near the limits of railway over bridge was not considered because of which the value of the shops had come done drastically. It was further submitted that it is now a settled proposition that the PWD rates have to be considered by the Valuation Officer as there is not dispute that the property lies in case of State of Rajasthan and in support reliance was placed on the decision of Hon ble Supreme Court in case of CIT vs. Sunita Mansingha ( Civil Appeal No. 3064/2007 dated 29.03.2017 ). 5. Per contra, the ld. DR submitted that once the valuation officer has submitted his report to the Assessing officer, the latter is guided by the said report and cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and addressed by the DVO in its report dated 30.10.2015. In his report, the DVO has stated that the shops are situated on main 100 feet wide road having all commercial amenities and regarding railway bridge, the assessee has not provided any alignment map/route map of bridge and at present, the work is stopped and as on date of sale, the bridge is not in existence. The said findings of the DVO remain uncontroverted before us and we therefore don t find any justifiable reason to interfere with the said findings of the DVO and the first objection is hereby dismissed. Regarding the other objection raised by the ld AR regarding adoption of CPWD rates as against PWD rates, we agree with ld AR that where the shops are situated in the jurisdicti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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