2011 (2) TMI 1392 - AT - Income Tax

Appellate Tribunal Upholds Interest Levy & Construction Cost Addition Decision

M/s Indira Hospital Research & Diagnostic Centre, Versus The Asst. Commissioner of Income-tax, Circle-1 (1), Mangalore.

The Appellate Tribunal upheld the levy of interest under section 234B of the Act, deeming it mandatory. Regarding the addition to the cost of construction ... - Issues Involved: Determination of levy of interest u/s 234B of the Act and justification of sustaining addition to the extent of 25% made by the Assessing Officer in relation to the cost of construction of a hospital building.Levy of Interest u/s 234B:The Appellate Tribunal dismissed the ground raised regarding the levy of interest u/s 234B of the Act, stating that it is mandatory and consequential in nature.Sustainability of Addition to Cost of Construction:The Assessing Officer had made an addition to the cost of construction of a hospital building due to discrepancies between the figures disclosed by the assessee and those estimated by the District Valuation Officer (DVO). The CIT(A) sustained an addition of 25% of the original amount. The assessee contended that the books of account were maintained properly and the addition was unwarranted. The Tribunal noted that the DVO's report highlighted deficiencies in the records provided by the assessee, leading to the need for further valuation. While the CIT(A) had already reduced the addition by 75%, the Tribunal found no grounds for further interference, considering the construction was done over several years and the need for technical guidance in valuing the building. The Tribunal dismissed the appeal, upholding the CIT(A)'s decision.Conclusion:The appeal filed by the assessee was dismissed by the Appellate Tribunal, affirming the CIT(A)'s decision regarding the addition to the cost of construction of the hospital building.