2013 (12) TMI 836

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....: "(i) In the facts and circumstances of the case, ought not the Tribunal have held that the valuation report relied on by the authority below was factually wrong and erroneous ? (ii) In the facts and circumstances of the case, ought not the Tribunal have held that the assessment completed and confirmed adopting the Chennai rates for the purpose of valuation was wrong and that the valuation had to be done as per the State OWD rates ? (iii) In the facts and circumstances of the case, ought not the Tribunal have allowed the appeal on the premises that the valuation adopted was erroneous and against the settled position in law? (iv) In the facts and circumstances of the case, ought not the Tribunal have held that the estimation of ....

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....ue the renovation and cost of construction based on Central Public Works Department rates and not based on State Public Works Department rates. According to the learned counsel for the appellant, settled position is, when the rates declared by State PWD are available, that alone would govern the issue and not the CPWD rates. 4. As against this, learned Standing Counsel for revenue contends that the assessee never raised the contention that District Valuation Officer is placing reliance on CPWD rates, at any stage of proceedings, therefore, it is not open for him to raise such controversy before this Court. 5. As a matter of fact we have gone through the valuation report at Annexure B. There is specific statement that the valuation is ....