Ita/167/2009 Of Commossioner Of Income Tax v. Shri P.k.kurien

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 ITA.No. 167 of 2009() --------------------- ITA.440/CO/1999 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/ APPELLANT(S): -------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- SRI. P.K. KURIAN, PROP: JOHNEY BROTHERS, BASIN ROAD, ERNAKULAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- I.T.A. No.167 of 2009 -------------------------------------- Dated this the 29[th] day of June, 2009 J U D G M E N T---------------------- Ramachandran Nair,J. Question raised pertains to valuation of property as on1.4.1981 for the purpose of assessment of capital gains. Theonly ground raised is that assessee declared lower value in thereturn which is taken by Assessing Officer. The assessee laterclaimed higher market value which was fixed by the appellateTribunal. No question of law arises from the order of appellateTribunal. Appeal is therefore dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb