2014 (3) TMI 1076 - HC - Income Tax

Appeal admitted on this aspect and on the following substantial questions of law - (i) Whether in law and in the facts and circumstances of the case the view of the Hon ble Tribunal that tenancy of Shri.Vinay Bhasin is not genuine is perverse being arrived at without considering the relevant documents on record? (ii) Whether in law and in the facts and circumstances of the case the Hon ble Tribunal is justified in holding that the finding in the block assessment proceedings of Shri.Vinay Bhasin that Vinay Bhasin was a tenant of the old building is irrelevant ? (iii) Whether in the facts and circumstances of the case the Hon ble ITAT erred in not appreciating that the allotment of two flats to Shri.Vinay Bhasin free of cost cannot be taxed in the hands of the Appellant under Section 28(iv) or any other provisions of the Income Tax Act, 1961 ?

Summary

Issues:
1. Discrepancy in sale transactions with two entities.
2. Allegations of suppressing real income and tax evasion.
3. Validity of findings regarding allotment of flats to a tenant.

Issue 1: Discrepancy in sale transactions with two entities:
The appellant argued that the Assessing Officer and the Income Tax Appellate Tribunal erred in not considering that one entity paid the entire sale price in advance, justifying a reduced rate, while the other entity deferred payment, leading to a varied price. The appellant contended that such transactions were common in the market and not suspicious. However, the Revenue contended that the lower sale realization for one entity was unexplained, especially when both entities had paid advances. The High Court found that the Tribunal was justified in terming the sale to one entity at a lower rate as a colorable defense, as the justification for the discrepancy was lacking. The Court held that the Commissioner's order omitting relevant material was unjustified, and the findings of fact regarding these transactions could not be reevaluated.

Issue 2: Allegations of suppressing real income and tax evasion:
The Court noted that the Tribunal and Assessing Officer referred to a chart detailing sale agreements, rates, and total considerations, finding discrepancies in the sale prices to the two entities. The Court agreed with the Tribunal's conclusion that the sale at a lower rate to one entity was unjustified, terming it a colorable defense. The Court held that the Assessing Officer and Tribunal were justified in their findings, dismissing the appeal on this issue as it did not raise any substantial question of law.

Issue 3: Validity of findings regarding allotment of flats to a tenant:
Regarding the allotment of flats to a tenant, the Court found that the burden of proof could not have been placed on the appellant, who claimed the tenant was legitimate. The Court admitted the appeal on this aspect, considering substantial questions of law raised. The questions included the genuineness of the tenancy, relevance of past findings, and the taxability of allotting flats free of cost under the Income Tax Act. The Court admitted the appeal on these grounds for further consideration.

This detailed analysis of the judgment provides insights into the issues raised, arguments presented by both parties, and the Court's reasoning leading to the final decision on each issue.