Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Assessing Officer could reject the registered valuer's determination of the fair market value of land as on 01.04.2001 and the cost of construction and land-development charges, without referring the valuation dispute to the Departmental Valuation Officer.
Analysis: The assessee had supported the indexed cost claimed for land, construction and development with a registered valuer's report. The Assessing Officer substituted the land rate and disallowed the construction/improvement and development costs for want of supporting bills, despite the valuation having been disputed and despite a request for valuation reference. The valuation was neither referred by the Assessing Officer to the Departmental Valuation Officer under the applicable valuation mechanism nor subjected to an independent valuation enquiry. A registered valuer's report is valid evidence and cannot be displaced by the Assessing Officer's own estimation without reliable contrary material or expert valuation.
Conclusion: The registered valuer's land rate of Rs.7,250 per sq. yard as on 01.04.2001, and the stated FY 2003-04 construction cost of Rs.91,09,820 and land-development cost of Rs.21,31,493, must be adopted with consequential indexation. The issue is decided in favour of the assessee.