Ita/1588/2009 Of The Commissioner Of Income Tax Central v. M/S.hotel Alukkas, R.s.road,Trichur
High Court
09 Sep 2009 In favour of: Assessee
Forum / Bench
High Court · highcourtofkerala
Parties
Ita/1588/2009 Of The Commissioner Of Income Tax Central v. M/S.hotel Alukkas, R.s.road,Trichur
Date of order
09 Sep 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Ita/1588/2009 Of The Commissioner Of Income Tax Central v. M/S.hotel Alukkas, R.s.road,Trichur, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Consequently we dismiss thedepartmental appeal.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
& THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 ITA.No. 1588 of 2009() ---------------------- ITA.642/COCH/2005 of I.T.A.TRIBUNAL,COCHIN BENCH
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
....................
APPELLANT
-----------------------------
THE COMMISSIONER OF INCOME TAX
(CENTRAL), COCHIN.
BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT(S):
---------------
M/S.HOTEL ALUKKAS,
R.S.ROAD, TRICHUR.
THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE
C.N.RAMACHANDRAN NAIR &V.K.MOHANAN, JJ.
....................................................................
I.T. Appeal No.1588 of 2009
....................................................................
Dated this the 9th day of September, 2009.
JUDGMENT
Ramachandran Nair, J.
Since the question involved is only valuation of building and allwhat the first appellate authority and Tribunal accepted was PWDvaluation as against CPWD valuation claimed by the department. Wedo not find any substantial question of law arising from the order of theTribunal.Moreover, in similar cases we have held that PWDvaluation which is based on the local conditions is more appropriate forvaluation of buildings in Kerala. Consequently we dismiss thedepartmental appeal.
C.N.RAMACHANDRAN NAIRJudge
V.K.MOHANANJudge
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