PRAFULLA KUMAR GHOSH,MALDA vs. ITO,WARD-2, MALDA, 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
…was a substantial difference between CPWD rates and State PWD rates, matter was to be remitted back to Assessing Officer for working out cost of construction by taking State PWD rates - Held, yes [Para 4] [Matter remanded]” K Damodarswamy Naidu vs ACIT (1997) 59 ITD 510 (Mad) – “Under section 16A when a reference is made to the Valuation Officer, the Valuation Officer values the property after giving notice to the assessee and giving opportunity to 4 Prafulla Kumar Ghosh A.Yr.2006-07 file any objection on behalf of the assessee. Nowhere in the Act or in the Rules it has been prescribed that only the CPWD rates…