2010 (7) TMI 786 - HC - Income Tax

Court rules against Revenue on construction costs & interest disallowance, citing invalid DVO reference & unused machinery.

Commissioner of Income-tax Versus Nabha Solvex (P) Ltd.

Commissioner of Income-tax Versus Nabha Solvex (P) Ltd. - [2012] 343 ITR 178 Issues:1. Whether the Tribunal was right in upholding the deletion of income from undisclosed sources due to a difference in construction cost estimatesRs.2. Whether the Tribunal was right in upholding the deletion of interest disallowance for machinery not put to useRs.Analysis:Issue 1:The case involved a dispute over the addition of income due to a variance in the cost of construction estimates by the Departmental Valuation Officer (DVO) and a registered valuer. The Commissioner of Income-tax (Appeals) deleted the addition, stating that the DVO's valuation was premature as the construction was incomplete. The Tribunal upheld this decision, emphasizing that the Assessing Officer was unjustified in referring the case to the DVO since the building was still under construction. The Revenue argued that incomplete construction still warranted valuation, citing section 142A of the Income-tax Act, but the assessee contended that the reference to the DVO was invalid as there was no specific provision for it during that assessment year. The Court held that section 142A did not apply to the case, and the reference to the DVO was unjustified, following the decision in Smt. Amiya Bala Paul v. CIT. Consequently, the addition based on the DVO's report was deemed unlawful.Issue 2:Regarding the deletion of interest disallowance for machinery not utilized during the relevant year, the Revenue conceded that a Supreme Court judgment favored the assessee. As a result, the Court ruled in favor of the assessee on this issue as well.In conclusion, the Court ruled against the Revenue on both issues, upholding the Tribunal's decisions to delete the additions based on the invalid reference to the DVO and the interest disallowance.