Itxa/6892/2010 Of The Commissioner Of Income-Tax-25 Mumbai v. M/S. Dattani Constructions

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.6892 OF 2010 The Commissioner of Income Tax-25, Mumbai ..Appellant. V/s. M/s. Dattani Constructions ..Respondent. Ms. Suchitra Kamble for the appellant. Mr Deepak Tralshawala i/b. Pravind Mehta & Co. for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 19TH JANUARY, 2012 P.C. :- 1.Whether the ITAT was justified in directing the assessing officer to delete the addition of Rs.76,69,240/- made by the assessing officer on account of rate difference in the sale price of the flat in the building constructed by the assessee. 2.The ITAT in para 9 of its order has recorded a finding that in the present case, the CIT(A) had visited the locality personally and after taking into consideration all the aspects of different locations, came to the conclusion that the rates in the buildings constructed by the assessee was lower than the other buildings of the locality, because the buildings were constructed for lower income group and that the materials used in the construction were of lower quality. The ITAT has also noted that the site of the assessee’s building was 3 Kms. away from the railway station whereas the other buildings on which the assessee officer had placed reliance were nearer to the railway station and bus stop. In our opinion, the decision of the CIT(A) as well as ITAT are based on finding of facts and hence we see no reason to entertain the appeal. Accordingly, the appeal is dismissed with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)