CHITRA VENKATARAMAN, J.

1. The following substantial questions of law are raised in the above Tax Case Appeal filed by the assessee for the assessment year 1988-89.

1. Whether on the facts and in the circumstances of the case, the ITAT had jurisdiction to decide on the quantum of cost of construction, especially when such a ground was not before the ITAT?

2. Whether on the facts and in the circumstances of the case, the ITAT was justified in adopting the rate of Rs.576/- sq.ft. estimated as consideration in Form 37-I filed before the Appropriate Authority as against the cost of construction of Rs.240/- per sq.ft. adopted in form No. 34A, Application for Certificate under Section 230A(1) of the Income Tax Act, 1961?

3. Whether on the facts and circumstances of the case, the ITAT was justified in not upholding the cost of construction of Rs.240/- per sq.ft. adopted by the Commissioner (Appeals) based on the information provided by the Assessing Officer?

4. Whether on the facts and in the circumstances of the case, the ITAT was justified in adopting Rs.576/- per sq.ft. by making reference to the Form 37-I filed before the Appropriate Authority as rate for arriving the cost of