2006 (11) TMI 180

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....is directed against the order of the Income-tax Appellate Tribunal in I.T.A. No. 552/Mds/2004, dated December 16, 2005, for the assessment year 1999-2000. The brief facts are that the assessee constructed a kalyana mandapam. On scrutiny of assessment, the Assessing Officer referred the cost of construction to the Valuation Officer, who arrived at the cost of Rs. 52,93,400. On completion of asse....

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.... the report of the Departmental Valuation Officer with that of the registered valuer with a further direction to apply the State PWD rates instead of applying the Central PWD rates to arrive at the actual cost of construction. Aggrieved over the same, the Revenue has preferred the present appeal raising the following substantial questions of law: "1. Whether, on the facts and circumstances of t....

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....o arrive at the actual cost of construction are purely questions of fact. On going through the order of the Tribunal, we find that the Commissioner of Income-tax (Appeals) had only taken into account the registered valuer's report and had not compared the same with the Departmental Valuation Officer's report, which exercise of comparison would only ensure that there is no difference between the....