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2015 (7) TMI 449

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..... 1. This judgment shall dispose of ITA Nos.365 & 368 of 2013, since the questions of law are common between the parties. However, to dictate orders, facts have been taken from ITA No.365 of 2013 titled Commissioner of Income Tax (Central), Ludhiana Vs. Parminder Singh. 2. Challenge in the present appeal, filed under Section 260A of the Income Tax Act, 1961 (for short, the 'Act'), is to ....

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....tion to the Valuation Cell to apply PWD rates as the Income Tax is a Central Govt. department and CPWD rates have to be applied by the Valuation Cell attached with the department. 3. Whether the ITAT is right in ignoring the facts mentioned in the assessment order that the assessee was given reasonable opportunity of being heard and the objection raised by the assessee regarding rate of construct....

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....the other appeal. The 10 properties were referred for valuation. On the report being received from the Valuation Cell, they were confronted with the same. The assessees filed their written objections which were not accepted and the rebate for incomplete work was also not granted and the Assessing Officer assessed the amount of income at Rs. 1,12,25,326/- after giving the benefit of the amount disc....

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.... the houses were complete and some of the houses were sold as semi-finished houses and were completed by their respective buyers and the addition had been made in the hands of the assesses. 6. The Tribunal noticed that the Departmental Valuation Officer had adopted the CPWD rates rather than the PWD rates and secondly a builder was able to get material at a cheaper rate, especially when he was co....