Valuation findings under section 269H are factual, so the High Court will not interfere absent a question of law.

An appeal under section 269H of the Income-tax Act lay only on a question of law, so the High Court declined interference with the Tribunal's valuation findings. The Tribunal's assessment of fair market value, rejection of the departmental valuer's report, and acceptance of valuation on annual rental basis were treated as findings of fact based on appraisal of evidence. In the absence of the valuation officer before the Tribunal, it was open to the Tribunal to consider the material on record and reject the departmental valuation, including the Kanpur Index addition. No perversity or jurisdictional error was shown, and the acquisition order remained undisturbed.

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Issues: Whether the appeal under section 269H of the Income-tax Act, 1961 involved any question of law warranting interference with the Tribunal's finding on fair market value and acquisition of property.

Analysis: The High Court held that an appeal under section 269H lies only on a question of law. The Tribunal's conclusions on the fair market value of the property, the rejection of the departmental valuer's report, and the acceptance of valuation on annual rental basis were all reached on appraisal of evidence and were findings of fact. The Court further held that, in the absence of the valuation officer before the Appellate Tribunal, it was open to the Tribunal to evaluate the material on record and reject the departmental valuation, including the addition made for the Kanpur Index. The Court also accepted that valuation on annual rental value was a recognised method and that no perversity or jurisdictional error was shown.

Conclusion: No question of law arose for consideration, and the Tribunal's order could not be interfered with.

Final Conclusion: The appeal was not maintainable in the High Court on the facts found, and the Tribunal's setting aside of the acquisition order remained undisturbed.

Ratio Decidendi: In an appeal under section 269H of the Income-tax Act, 1961, the High Court can interfere only where a question of law arises, and valuation findings based on appraisal of evidence, including acceptance or rejection of valuation reports, are ordinarily findings of fact not open to interference absent perversity or legal error.

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