The ITO, Kollam vs. Sri.A.Shihabudeen, Kollam
In the result, the appeals filed by the Revenue are dismissed
ITA 568/COCH/2019[2004-05]Status: DisposedITAT Cochin10 Feb 2020AY 2004-05
Bench: Shri Chandra Poojari, Am
For Appellant: Sri.Mrithunjaya Sharma, Sr.DRFor Respondent: Sri.S.Rajagopal, CA
Section 271(1)(c)Section 274
…cost of construction estimated by the estate duty valuer in the context of its reference to the decision in CIT v. Mohammed Kunhi [1973] 87 ITR 198 ?" 9. The question is somewhat unusually framed with a citation of case law in it, CIT v. Mohammed Kunhi [1973] 87 ITR 189 is a decision by the Kerala High Court. It contains a clear ruling that a penalty cannot be levied on the basis merely of an estimate of cost of construction of a building built by an assessee with his funds. In the case before that High Court, an addition was made to the income returned on the score that the cost of construction as disclosed in t…