What is CIT v. Hotel Joshi authority for?

The Assessing Officer can refer the matter to the Valuation Officer for determining the cost of construction. When estimating the cost of construction, the State PWD rates should be preferred over CPWD rates in Rajasthan. The item-wise detailed method of valuation is the most accurate and reliable.

How many judgments cite CIT v. Hotel Joshi?

37 judgments on BharatTax cite CIT v. Hotel Joshi (242 ITR 478), spanning 2015 to 2025.

Which sections of the Income Tax Act does CIT v. Hotel Joshi come up under?

It is most often cited in judgments turning on Section 143(3), Section 69A, Section 115BBE, Section 132, Section 132(4), Section 132(4A).

CIT v. Hotel Joshi (242 ITR 478)

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ABDUL AZEEZ NAGOOR GANI, VIRUDHACHALAM

ITA 280/CHNY/2025[2022-23]Status: DisposedITAT Chennai12 Sept 2025AY 2022-23

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr. G. Baskar, Advocate &For Respondent: Ms. Anitha, Addl.CIT

Section 132Section 143(3)Section 292C

…आयकर अपीलीय अिधकरण, ’सी’ "यायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI "ी एबी टी. वक", "ाियक सद" एवं एवं एवं एवं "ी अिमताभ शु"ा, लेखा सद" के सम" BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No. 280/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 v. The DCIT, Abdul Azeez Nagoor Gani, Central Circle-2(2), 4, Kattukoddalur Road, Chennai. Cuddalore, Viridhachalam-606 001. [PAN: AFCPN 7503 G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Department by : Ms. Anitha, Addl.CIT Assessee by : Mr. G. Baskar, Advocate & Mr. P.M. Kathir, Advocate…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

ITA 30/LKW/2023[2019-20]Status: DisposedITAT Lucknow31 Jul 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

For Appellant: Shri Ashish Jaiswal AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R

Section 115BSection 133ASection 142ASection 143(3)Section 2(24)(x)Section 271ASection 36(1)(va)Section 69Section 69A

…to the Valuation Officer for the purpose of Section 55 (A), 131, 133 (6) and 142 (2) and not for the purpose of finding out the cost. Next, we come to the judgment of the Rajasthan High Court in the case of Commissioner of Income Tax Vs. Hotel Joshi, (2000) 242 ITR 478 (Raj). This was a case in respect of Assessment Years 1980-81 to 1985-86 before introduction of Section 142A. In the said case, the assessee had constructed a hotel building for which he had maintained regular books of account. All the amounts were vouched except some amount which was not supported by vouchers. During the course of the assessment…

RAMESHWAR LAL VYAS,BEAWAR, AJMER vs. DCIT, CENTRAL CIRCLE, AJMER

In the result, appeal of the assessee is allowed

ITA 1257/JPR/2024[2017-18]Status: DisposedITAT Jaipur24 Jul 2025AY 2017-18

Section 133ASection 143(3)Section 250Section 271ASection 69

…rt and statement, was brought by the AO. In support of his\nsubmission that State/ local rates should be adopted for valuation of\ninvestment, the AR of the assessee relied upon the judgement of the\nJurisdiction High Court in the case of CIT vs. Hotel Joshi (242 ITR 478) and\nCIT vs. Smt. Prem Kumar Murdia [{2006) 204 CTR (Raj) 343]. Further, the AR\nalso submitted that no addition can be made on the basis of statement\nwithout corroborative evidence.\n13. We have gone through the orders and submission/ argument of the AR of the\nassessee, at the outset; we already stated earlier that addition made on the\nbasis…

MILESTONE DEWELLERS PVT. LTD.,JAIPUR vs. ITO WARD 6(2), JAIPUR

In the result, appeal of the assessee is allowed

ITA 565/JPR/2023[2017-18]Status: DisposedITAT Jaipur31 Oct 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Shri Arvind Kumar (CIT) a

Section 143(3)Section 144BSection 147

…s to be quashed. 3. On the facts and circumstances of the case Id. CIT(A) has grossly erred in confirming the cost of construction determined by following CPWD rates as against PWD rates as held by Hon'ble jurisdictional High Court in the case of Hotel Joshi (242 ITR 478), according to which state PWD should be applied for determination of cost of construction in the state of Rajasthan and also by Hon'ble ITAT in numerous cases, thus the cost of construction deserves to be estimated by adopting state PWD rates as against CPWD rates. 3 Milestone Dewellers Pvt. Ltd. vs. ITO 4. That, Id.CIT(A) has grossly erred i…

OM PRAKASH BISHU,KUCHAMAN CITY vs. DCIT, JODHPUR

In the result, appeal of the assessee is allowed

ITA 107/JODH/2022[2019-20]Status: DisposedITAT Jodhpur18 Aug 2023AY 2019-20

Section 115BSection 133ASection 142ASection 142A(4)Section 143(2)Section 143(3)Section 2Section 69B

…tes and held that the adjusted cost worked out after allowing the aforesaid adjustment shall be taken as cost of construction of the property. Reliance is also placed on the judicial decisions of Hon'ble Rajasthan High Court in the case of CIT vs. Hotel Joshi 242 ITR 478 and CIT vs. Elegant 10 Om Prakash Bishnu Homes Pvt. Ltd. 259 ITR 232 wherein it has been held that PWD rates have to be allowed instead of CPWD rates. (vi) The Hon'ble Income Tax Appellate Tribunal Jaipur in the case of Gopal - Kumar Deewan, Jaipur vs Ito, Alwar on 26 July, 2018 in ITA No. 498/JP/2017 has held that "I have gone through the dec…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 193/RPR/2019[2017-18]Status: DisposedITAT Raipur27 Mar 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 192/RPR/2019[2016-17]Status: DisposedITAT Raipur27 Mar 2023AY 2016-17

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 191/RPR/2019[2015-16]Status: DisposedITAT Raipur27 Mar 2023AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 190/RPR/2019[2014-15]Status: DisposedITAT Raipur27 Mar 2023AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 189/RPR/2019[2013-14]Status: DisposedITAT Raipur27 Mar 2023AY 2013-14

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

ITA 188/RPR/2019[2012-13]Status: DisposedITAT Raipur27 Mar 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 12ASection 143(3)

…r, as per „Guidelines for Valuation of Immovable Properties 2009‟ issued by CBDT, the “Detailed Item Wise Method” should have been given preference over all the other methods. In this regard Hon‟ble Rajathan High Court in the case of CIT vs Hotel Joshi (2000) 242 ITR 478 (Raj.) 45 ITA Nos.188-193/RPR/2019 IT(SS)A No.16&17/RPR/19 & CO Nos.5-8/RPR/2022 has held that item wise detailed method of valuation is most accurate, authentic, reliable and desirable. This is submission of Ld AR that in view of this finding that the DVO has not adopted a method duly notified by CBDT it self held the report of DVO unreliable a…