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Income Tax Appellate Tribunal, RANCHI BENCH “SMC” RANCHI
Before: Shri S.S, Godara
आदेश /O R D E R (Oral) This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income-tax (Appeals)-Dhanbad’s order dated 26.04.2019 passed in case No.CIT(A), Dhanbad/10109/2017-18, involving proceedings u/s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
The assessee’s former substantive grievance challenges correctness of both the lower authorities action restricting cost of improvement of ground and first floor amounting to Rs.1,98,085/- and Rs.3,00,000/-; respectively to Rs.90,000/- only. It is not in dispute that although the assessee has failed to prove all the corresponding payments qua these twin sums, the cost of construction per sq.fit; going by the corresponding time period appears to be prima facie logical and reasonable rate. I observe in this peculiar factual backdrop that neither party’s stand against and in Awadhesh Kr.Singh Vs. ACIT Cir-1(1) DHN Page 2 support the impugned cost of construction addition deserves to be accepted in entirety. I thus conclude that a lump sum disallowance of Rs.50,000/- out of Rs.1,98,085/- and Rs,75,000/- relating to latter head of Rs.3,00,000/-; respectively would meet the ends of justice with rider that same shall not be treated as a precedent in any other case. Necessary computation including that of interest to follow as per law.