1989 (7) TMI 310

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....1961-62, 1963-64 and 1964-65, the property at 14, Barakhamba Road, New Delhi, being a residential house and used for residence, be valued on 'land and building' method instead of 'rent capitalisation' method ? 2. Whether the Tribunal's conclusion to value the residential house at 14, Barakhamba Road, New Delhi, for the years mentioned in the aforesaid question on 'land and building' method, is based on evidence and materials, or vitiated as based on no evidence but on irrelevant evidence and surmises ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal is right in not directing the allowance of liability towards unearned increase in respect of 14, Barakhamba Road for the assessment years mentioned in question ....

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.... the rates of land prevailing from the year 1970 onwards and then has determined the rate of the land for the earlier years. Moreover, the value of land to which reference has been made by the Commissioner of Wealth-tax is the value of commercial land. The reasoning of the Commissioner has been adopted by the Tribunal. The question whether this basis was correct or not or was relevant is a mixed question of fact and law. Before the Tribunal, the petitioner had contended that the liability towards unearned increase should be taken into consideration as the value of land. It has also been submitted that commercial charges for commercialisation should also be taken into consideration. The Tribunal has concluded that there is no evidence on ....