Ita/432/2009 Of Commissioner Of Income Tax,Kottayam v. Shri.sajan Varghese,M/S.mangalam Publica

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 ITA.No. 432 of 2009() --------------------- ITA.264/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ SHRI.SAJAN VARGHESE, M/S.MANGALAM PUBLICATIONS, KOTTAYAM. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &V.K.MOHANAN, JJ. ....................................................................I.T. Appeal No.432 of 2009 ....................................................................Dated this the 12th day of October, 2009. JUDGMENT Ramachandran Nair, J. The question raised pertains to addition deleted by the firstappellate authority confirmed by the Tribunal based on valuation ofbuilding which is treated as unexplained investment. While departmentis relying on valuation report by the department valuer, the assessee hasrelied on Kerala P.W.D. rates. In similar cases we had taken the viewthat the valuation taken based on Kerala P.W.D. rates was rightlyaccepted by lower authorities as those rates are more relevant underlocal conditions. Further, valuation is only a pure question of fact and,therefore, we dismiss the departmental appeal. C.N.RAMACHANDRAN NAIRJudge V.K.MOHANANJudge