2011 (2) TMI 1122 - AT - Income Tax

Applicability of section 50C - sale consideration of land at Circle Rate - CIT(A) rejected its application seeking admission of additional evidence - Held that - find force in the grievance of the assessee regarding the action of the ld. CIT(A) in refusing to admit the additional evidence sought to be produced by the assessee. It remains undisputed that the assessee company had become sick and was registered with BIFR . It recommended its winding up. It was actually ordered by the Hon ble Delhi High Court to be wound up. For over a decade nothing moved. It was in these circumstances that the assessee was unable to produce the relevant record before the AO. Long term capital loss on account of sale of land - Disallowance of interest expenditure paid to banks and financial institutions and rates and taxes as per the provisions of section 43B - Held that - Since all the papers and books of account of the assesse were lying with the official Liquidator for over a decade it had remained impossible for the assessee to produce the same before the AO this issue is also remitted to the file of the AO to be decided afresh on considering the relevant evidence in accordance with law.

Issues Involved:
1. Admission of additional evidence.
2. Applicability of Section 50C concerning the sale consideration of land.
3. Disallowance of interest expenditure and rates/taxes under Section 43B.
4. Disallowance of legal expenses under Section 40(a)(ia).
5. Disallowance of written-off amounts for sundry debtors, advances, fixed assets, and inventories.
6. Addition of unsecured loans.

Detailed Analysis:

1. Admission of Additional Evidence:
The assessee contended that the CIT(A) erred in rejecting its application for additional evidence, arguing that it was not provided sufficient time by the AO to produce the necessary documents due to temporary suspension of business and the involvement of a Liquidator. The CIT(A) rejected the application, stating that the assessee did not fulfill the conditions for additional evidence and had ample opportunities during the assessment proceedings. The Tribunal found merit in the assessee's grievance, noting the prolonged control of records by the Liquidator and remitted the matter back to the AO for a fresh decision, considering the additional evidence.

2. Applicability of Section 50C:
The AO took the Circle Rate value of land sold as the sale consideration under Section 50C, leading to a higher capital gain calculation. The assessee argued that the land was sold above the Circle Rate and provided valuation reports and sale deeds to support this claim. The CIT(A) upheld the AO's decision. The Tribunal noted that the CIT(A) did not address the assessee's arguments adequately and remitted the issue back to the AO for fresh consideration, including the valuation reports and sale deeds.

3. Disallowance of Interest Expenditure and Rates/Taxes (Section 43B):
The AO disallowed interest expenditure and rates/taxes due to lack of evidence of payment. The assessee argued that these payments were part of a one-time settlement with banks and financial institutions, which was reflected in the balance sheet and supported by certificates from the banks. The Tribunal found that the relevant evidence was not considered by the AO and remitted the issue back for fresh examination of the evidence.

4. Disallowance of Legal Expenses (Section 40(a)(ia)):
The AO disallowed legal expenses due to non-deduction of TDS. The assessee contended that the payments were small and not subject to TDS. The Tribunal noted that the details of expenses were not before the AO and remitted the issue back for a fresh decision after examining the details.

5. Disallowance of Written-off Amounts:
The AO disallowed amounts written off for sundry debtors, advances, fixed assets, and inventories due to lack of evidence. The assessee provided details and ledger accounts to support the write-offs, arguing that the assets were under the Liquidator's control and had deteriorated over time. The Tribunal remitted the issue back to the AO for fresh examination of the evidence provided by the assessee.

6. Addition of Unsecured Loans:
The AO added unsecured loans to the income, citing lack of evidence for genuineness and creditworthiness. The assessee provided confirmations and financial documents for the loans. The Tribunal found that the evidence was not considered by the AO and remitted the issue back for fresh examination of the evidence.

Conclusion:
The Tribunal allowed both appeals for statistical purposes, remitting all issues back to the AO for fresh adjudication, considering the additional evidence provided by the assessee and ensuring compliance with legal requirements and principles of natural justice.

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