1993 (8) TMI 38 - HC - Income Tax

Capital Asset, Capital Gains, Computation Of Capital, Cost Of Acquisition, Market Value, Set On

Summary

Issues:
1. Determination of cost for which the bigger Hindu undivided family acquired the property.
2. Identification of previous owners of the property within the meaning of the Income-tax Act.
3. Applicability of the general doctrine of real profits or gains in relation to section 49(1) of the Income-tax Act.
4. Basis for applying the general doctrine of real profits and gains.
5. Consideration of the amount paid by the assessee to other parties at the time of partition as the cost of acquisition of the asset.

Analysis:

The judgment delivered by G. T. NANAVATI J. addresses five questions referred to the High Court by the Income-tax Appellate Tribunal. The primary issue revolves around the determination of the cost for which the bigger Hindu undivided family acquired the property. The court relied on previous decisions, including CIT v. Ashwin M. Patel, to establish that the market value of the asset at the time of acquisition is crucial for computing capital gains. The court emphasized that throwing shares into a family hotchpot does not constitute a legal transfer but results in the Hindu undivided family obtaining absolute title to the shares. This principle was applied to land in the current case.

Regarding the identification of previous owners of the property, the court examined the provisions of the Income-tax Act and concluded that certain individuals were not considered previous owners within the Act's explanation. The court also deliberated on the applicability of the general doctrine of real profits or gains in light of section 49(1) of the Income-tax Act. It was determined that the general doctrine was indeed relevant, and the market value of the land at the time of acquisition by the Hindu undivided family served as the basis for applying this doctrine.

Furthermore, the court addressed the specific basis for adopting the general doctrine of real profits and gains. It was decided that the market value of the land when acquired by the Hindu undivided family should be utilized for this purpose. Lastly, the court considered whether the amount paid by the assessee to other parties during a partition could be adopted as the cost of acquisition of the asset. The court answered this question in the negative, emphasizing the significance of the market value at the time of acquisition by the Hindu undivided family.

In conclusion, the court's judgment clarified various aspects related to the determination of cost for capital gains, the interpretation of previous owners under the Income-tax Act, and the application of the general doctrine of real profits or gains in assessing the acquisition of assets by a Hindu undivided family.