CIT v. Hotel Joshi

242 ITR 478High Court2000#3172 most cited

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.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Hotel Joshi · section 55A · section 131 · section 133(6) · section 142(2) · cost of construction · Valuation Officer · State PWD rates · item-wise detailed method

Sections most often in play

Section 143(3)Section 69ASection 115BBESection 132Section 132(4)Section 132(4A)Section 133ASection 142A

Issues it is cited on

section 44afsection 131(1)(d)section 55asection 142asection 38section 142(2)section 131(1)section 55circle ratesection 158bcsection 69bsection 269

Judgments citing CIT v. Hotel Joshi

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 496/COCH/2016[2009-10]Status: DisposedITAT Cochin30 Apr 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…

M/S.Ardra Associates, Trichur vs. The DCIT(, Trivandrum

In the result, the appeals of the assessee are allowed and the appeals of

ITA 495/COCH/2016[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…

Vijay Kumar Seth, New Delhi vs. ACIT, Circle- 33(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 5244/DEL/2018[2015-16]Status: DisposedITAT Delhi29 Mar 2019AY 2015-16

Bench: Sh. H. S. Sidhu & Sh. N. S. Sainiita No. 5244/Del/2018 : Asstt. Year : 2015-16 Vijay Kumar Seth, Vs Asstt. Commissioner Of Income Flat No. 8, Vasant Enclave, Tax, Circle-33(1), New Delhi-110057 New Delhi-110002 (Appellant) (Respondent) Pan No. Acxps6514Q Assessee By : Sh. Karan Kumra, Ca Revenue By : Sh. Surender Pal, Sr. Dr Date Of Hearing : 28.03.2019 Date Of Pronouncement : 29.03.2019 Order Per N. S. Saini:

For Appellant: Sh. Karan Kumra, CAFor Respondent: Sh. Surender Pal, Sr. DR
Section 143(3)Section 250Section 54FSection 55A

…DVO. Thus, the valuation of appellant’s share in property was arbitrarily referred to the DVO for valuation u/s 53A of the Act. He relied on the decision of Hon’ble Rajasthan High Court in the case of COMMISSIONER OF INCOME TAX (APPEALS) Vs Hotel Joshi (2000) 242 ITR 478 (Raj.) wherein it was held as under: “7. A plain reading of the provision shows that an Assessing Officer with a view to ascertain the fair market value of a capital asset, has a discretion to refer to the Valuation Officer, only in the eventualities provided in the said provision. One of the eventualities is where the value of the asset as claim…

DCIT vs. Parmarth Iron Pvt. Ltd

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 3211/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…from the books of account and other records. I have gone through various judgments also referred to by the AR. In many decisions such as 1. CIT vs. Meerut Cement Company (P) Ltd., supra, 150 Taxman 7 (Allahabad). Delivered on 19-04-05. 2. CIT Vs Hotel Joshi 242 ITR 478 (Raj) it has been held that if the assessee maintained books of account in regular course of business and necessary entries related to the expenses incurred towards cost of construction are properly made in the books of accounts, they are produced for verification and their correctance is not doubted then these should be accepted and AO has no c…

DCIT vs. Parmarth Iron Pvt. Ltd

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 2370/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…from the books of account and other records. I have gone through various judgments also referred to by the AR. In many decisions such as 1. CIT vs. Meerut Cement Company (P) Ltd., supra, 150 Taxman 7 (Allahabad). Delivered on 19-04-05. 2. CIT Vs Hotel Joshi 242 ITR 478 (Raj) it has been held that if the assessee maintained books of account in regular course of business and necessary entries related to the expenses incurred towards cost of construction are properly made in the books of accounts, they are produced for verification and their correctance is not doubted then these should be accepted and AO has no c…

Parmarth Iron (P) Ltd vs. ACIT

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 1992/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…from the books of account and other records. I have gone through various judgments also referred to by the AR. In many decisions such as 1. CIT vs. Meerut Cement Company (P) Ltd., supra, 150 Taxman 7 (Allahabad). Delivered on 19-04-05. 2. CIT Vs Hotel Joshi 242 ITR 478 (Raj) it has been held that if the assessee maintained books of account in regular course of business and necessary entries related to the expenses incurred towards cost of construction are properly made in the books of accounts, they are produced for verification and their correctance is not doubted then these should be accepted and AO has no c…

Triputi Cottage, Jaipur vs. Income Tax Officer, Ward-Behror, Behror

In the result, appeals of the assessee for the A

ITA 711/JPR/2017[2012-13]Status: DisposedITAT Jaipur21 Aug 2018AY 2012-13
Section 147

…al while deciding this issue has followed the decision of Hon'ble Supreme Court in the case of CIT Vs. Sunita Mansingha (supra) as well as various other decisions including the decision of Hon’ble Jurisdictional High Court in the case of CIT Vs. Hotel Joshi (242 ITR 478). In absence of any contrary precedent brought to our notice, we follow the earlier decision of this Tribunal and ITA 01/JP/2017 & 179/JP/2017 with 3 Ors. 8 cross appeals_M/s Tirupati Cottage Vs ITO hold that the ld. CIT(A) has rightly applied State PWD rates for estimation of cost of construction of hotel building, which is situated in the ju…

Triputi Cottage, Jaipur vs. ITO, Alwar

In the result, appeals of the assessee for the A

ITA 497/JPR/2017[2011-12]Status: DisposedITAT Jaipur21 Aug 2018AY 2011-12
Section 147

…al while deciding this issue has followed the decision of Hon'ble Supreme Court in the case of CIT Vs. Sunita Mansingha (supra) as well as various other decisions including the decision of Hon’ble Jurisdictional High Court in the case of CIT Vs. Hotel Joshi (242 ITR 478). In absence of any contrary precedent brought to our notice, we follow the earlier decision of this Tribunal and ITA 01/JP/2017 & 179/JP/2017 with 3 Ors. 8 cross appeals_M/s Tirupati Cottage Vs ITO hold that the ld. CIT(A) has rightly applied State PWD rates for estimation of cost of construction of hotel building, which is situated in the ju…

Triputi Cottage, Jaipur vs. ITO, Behror

In the result, appeals of the assessee for the A

ITA 496/JPR/2017[2010-11]Status: DisposedITAT Jaipur21 Aug 2018AY 2010-11
Section 147

…al while deciding this issue has followed the decision of Hon'ble Supreme Court in the case of CIT Vs. Sunita Mansingha (supra) as well as various other decisions including the decision of Hon’ble Jurisdictional High Court in the case of CIT Vs. Hotel Joshi (242 ITR 478). In absence of any contrary precedent brought to our notice, we follow the earlier decision of this Tribunal and ITA 01/JP/2017 & 179/JP/2017 with 3 Ors. 8 cross appeals_M/s Tirupati Cottage Vs ITO hold that the ld. CIT(A) has rightly applied State PWD rates for estimation of cost of construction of hotel building, which is situated in the ju…

495 Triputi Cottage, Jaipur vs. ITO, Behror

In the result, appeals of the assessee for the A

ITA 495/JPR/2017[2009-10]Status: DisposedITAT Jaipur21 Aug 2018AY 2009-10
Section 147

…al while deciding this issue has followed the decision of Hon'ble Supreme Court in the case of CIT Vs. Sunita Mansingha (supra) as well as various other decisions including the decision of Hon’ble Jurisdictional High Court in the case of CIT Vs. Hotel Joshi (242 ITR 478). In absence of any contrary precedent brought to our notice, we follow the earlier decision of this Tribunal and ITA 01/JP/2017 & 179/JP/2017 with 3 Ors. 8 cross appeals_M/s Tirupati Cottage Vs ITO hold that the ld. CIT(A) has rightly applied State PWD rates for estimation of cost of construction of hotel building, which is situated in the ju…

ITO, Behror vs. Triputi Cottage, Jaipur

In the result, appeals of the assessee for the A

ITA 179/JPR/2017[2008-09]Status: DisposedITAT Jaipur21 Aug 2018AY 2008-09
Section 147

…al while deciding this issue has followed the decision of Hon'ble Supreme Court in the case of CIT Vs. Sunita Mansingha (supra) as well as various other decisions including the decision of Hon’ble Jurisdictional High Court in the case of CIT Vs. Hotel Joshi (242 ITR 478). In absence of any contrary precedent brought to our notice, we follow the earlier decision of this Tribunal and ITA 01/JP/2017 & 179/JP/2017 with 3 Ors. 8 cross appeals_M/s Tirupati Cottage Vs ITO hold that the ld. CIT(A) has rightly applied State PWD rates for estimation of cost of construction of hotel building, which is situated in the ju…

ITO, Baran vs. Ganpati Plaza, Alwar

In the result, the appeals of the assessee are partly allowed for statistical purposes and appeal of the Revenue for the assessment year

ITA 545/JPR/2016[2012-13]Status: DisposedITAT Jaipur12 Feb 2018AY 2012-13
For Appellant: Shri Satish Gupta (C.A.)For Respondent: Smt. A.S. Nehra (JCIT)
Section 131Section 133Section 133ASection 142Section 147Section 148

…found during the course of survey proceedings and therefore, the investment shown in the books of accounts should have been accepted by the authorities below. He has relied upon the decision of Hon’ble jurisdiction High Court in case of CIT vs Hotel Joshi 242 ITR 478 as well as the decision of Hon’ble High Court in case of Pratap Shingh Amro Singh Rajedra Singh 200 ITR 788 and contended that when the books of account are not rejected the addition based on valuation report is not sustainable. The ld. AR of the assessee has further contended that the DVO has adopted the total cost by applying CPWD rates howev…

Ganpati Plaza, Jaipur vs. ITO, Behror

In the result, the appeals of the assessee are partly allowed for statistical purposes and appeal of the Revenue for the assessment year

ITA 467/JPR/2016[2012-13]Status: DisposedITAT Jaipur12 Feb 2018AY 2012-13
For Appellant: Shri Satish Gupta (C.A.)For Respondent: Smt. A.S. Nehra (JCIT)
Section 131Section 133Section 133ASection 142Section 147Section 148

…found during the course of survey proceedings and therefore, the investment shown in the books of accounts should have been accepted by the authorities below. He has relied upon the decision of Hon’ble jurisdiction High Court in case of CIT vs Hotel Joshi 242 ITR 478 as well as the decision of Hon’ble High Court in case of Pratap Shingh Amro Singh Rajedra Singh 200 ITR 788 and contended that when the books of account are not rejected the addition based on valuation report is not sustainable. The ld. AR of the assessee has further contended that the DVO has adopted the total cost by applying CPWD rates howev…

Ganpati Plaza, Jaipur vs. ITO, Behror

In the result, the appeals of the assessee are partly allowed for statistical purposes and appeal of the Revenue for the assessment year

ITA 466/JPR/2016[2011-12]Status: DisposedITAT Jaipur12 Feb 2018AY 2011-12
For Appellant: Shri Satish Gupta (C.A.)For Respondent: Smt. A.S. Nehra (JCIT)
Section 131Section 133Section 133ASection 142Section 147Section 148

…found during the course of survey proceedings and therefore, the investment shown in the books of accounts should have been accepted by the authorities below. He has relied upon the decision of Hon’ble jurisdiction High Court in case of CIT vs Hotel Joshi 242 ITR 478 as well as the decision of Hon’ble High Court in case of Pratap Shingh Amro Singh Rajedra Singh 200 ITR 788 and contended that when the books of account are not rejected the addition based on valuation report is not sustainable. The ld. AR of the assessee has further contended that the DVO has adopted the total cost by applying CPWD rates howev…

Hotel Surya Vilas Palace, Bharatpur vs. ACIT-Circle, Bharatpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 738/JPR/2015[2011-12]Status: DisposedITAT Jaipur14 Jun 2017AY 2011-12
For Appellant: Shri Rajendra Agrawal (C.A.)For Respondent: Smt.Roshanta Meena (Addl.CIT)
Section 142Section 142ASection 142A(1)Section 145(3)Section 56(2)Section 69Section 69B

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh dqy Hkkjr] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No.738/JP/15 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke M/s Hotel Surya Vilas Palace The ACIT, Circle, Vs. Vill. Jatoli Ghana, NH-11 Agra Bharatpur, (Raj.) Road, Bharatpur, (Raj.) LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AAFFH4837H vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrhdh vksj ls@Assessee by : Shri Rajendra Agrawal (C.A.) jktLo dh vksj ls@Revenue by : Smt.R…

ITO, Ward-2 vs. Rajendra Agarwal

In the result the appeals of the assessee as well as revenue are allowed for statistical purpose and CO of the assesse is dismissed

ITA 1998/DEL/2004[1994-1995]Status: DisposedITAT Delhi22 Jan 2016AY 1994-1995

Bench: Shri Vijay Pal Raota No. 1998/Del/2004 (Assessment Year: 1994-95)

For Appellant: Sh.S.K.Khurana, AdvFor Respondent: Dr. Anjula Jain, Sr. DR
Section 131Section 142Section 142ASection 55A

…. Raj Kumar reported in 82 ITR 436 and submitted that the Hon’ble High Court has accepted the cost of construction at UP-PWD rates and not CPWD rates. He has also relied on the decision of the Hon’ble Rajasthan High Court by in the case of CIT Vs. Hotel Joshi 242 ITR 478 and submitted that a similar view was taken by the Hon’ble Rajasthan High Court by accepting the estimation of the cost of construction by the registered valuation based on PWD rated as against CPWD rates adopted by the DVO. Thus the ld AR has submitted that DVO without examining the actual cost of item wise has merely adopted the CPWD rates and…

Prafulla Kumar Ghosh, Malda vs. ITO, Ward-2, Malda

In the result, the appeal of the assessee is partly allowed

ITA 686/KOL/2012[2006-07]Status: DisposedITAT Kolkata18 Sept 2015AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2006-07 (Appellant ) (Respondent) Prafulla Kumar Ghosh -Versus- I.T.O., Ward-2, Malda Malda (Pan:Adhpg 8048 C) For The Appellant : Shri K.M.Roy, Fca For The Respondent : Shri S.S.Alam, Jcit Date Of Hearing : 10.09.2015. Date Of Pronouncement : 18.09.2015. Order Per Shri M.Balaganesh, Am 1. This Appeal Of The Assessee Arises Out Of The Order Of The Learned Cita In Appeal No. 279/Mld/Cit(A)/Jal/08-09 Dated 02.03.2012 For The Asst Year 2006-07 Arising Out Of The Order Of The Learned Assessing Officer Framed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

For Appellant: Shri K.M.Roy, FCAFor Respondent: Shri S.S.Alam, JCIT
Section 133(6)Section 142ASection 143(3)Section 145(3)Section 69B

…s to be adopted as against the Central PWD rates adopted by DVO. We find this argument of the Learned AR having lot of force as this contention has been well accepted in favour of the assessee in the following decisions:- CIT vs Hotel Joshi reported in (2000) 242 ITR 478 (Raj) - “Held, that in a case where the value of the asset was claimed by the assessee on the basis of regular books of account maintained for the purpose of construction of the asset and not on the basis of the valuation of the registered valuer, it was not open to the Assessing officer to make a reference to the District Valuation Officer unles…