2011 (5) TMI 668 - AT - Income Tax

Addition on the basis of stamp duty valuation u/s. 50C - assessee sold his land for which sale deed was registered, the value determined by the Stamp Valuation Authority - query by the AO as to why the provisions of section 50C should not be invoked, the assessee replied that the valuation made by the Stamp Valuation Authorities was not binding on the seller as the property has been purchased by purchaser - held that - not even an iota of evidence finds mention in the impugned orders nor even a whisper has been made in the written submissions filed before us that the assessee sought to invoke provisions of sec. 50C(2) of the Act or even claimed before the AO that the value adopted by the stamp valuation authority under sub-section (1) exceeds the fair market value of the property as on the date of transfer nor even submitted the said FMV of the property. - Decided against the assessee. Unexplained capital addition - In response to a show cause notice issued on 11-1-08, the assessee did not reply - assessee did not submit any evidence before the AO in respect of credit of Rs. 54588/- in the capital account, assessee neither submitted any evidence nor argued the issue before the ld. CIT(A). Accordingly, the ld. CIT(A) concluded that the assessee did not wish to press this ground. Even before us, though the assessee in his written submissions mentioned that amount has been transferred from treasury office, Government of Gujrat, however, no evidence in support of this statement has been submitted, appeal is dismissed Addition on the basis of long term capital loss - AO rejected the assessee s submission on the ground that the documents showed that the possession had been handed over to the buyer on 16-3-2005, and it also showed that the cheque No.944075 dated 21-2-2005 for a sum of Rs. 4 lacs was issued by the buyer and received by the assessee on 21-2-2005. The acceptance of the seller was also recorded in the sale deed. Therefore, the sale of the property had been concluded in the FY 2004-05 and consequently the indexation adopted by the assessee was not correct. The AO therefore recomputed the LTCL and disallowed the sum of Rs. 13,797 - assessee did not contest the issue before the ld. CIT(A), in the absence of any material so as to take a different view in the matter, appeal is dismissed

Issues Involved:
1. Sustaining additions based on stamp duty valuation under Section 50C of the Income Tax Act.
2. Addition of unexplained capital introduction.
3. Addition based on long-term capital loss.

Issue-wise Detailed Analysis:

1. Sustaining Additions Based on Stamp Duty Valuation under Section 50C of the Income Tax Act:

The primary issue in all three appeals was the addition of amounts based on the stamp duty valuation under Section 50C of the Income Tax Act. The appellants contended that the CIT(A)-II, Surat, erred in sustaining these additions, as the valuation by the Stamp Valuation Authority (SVA) was not binding and should not have been used to determine the full value of consideration for capital gains purposes.

The Tribunal noted that the Assessing Officer (AO) had invoked Section 50C because the sale consideration declared by the assessees was less than the value determined by the SVA. The assessees did not exercise the option available under sub-section (2) of Section 50C to dispute the valuation and request a valuation by a Valuation Officer. The CIT(A) upheld the AO's findings, emphasizing that the valuation by the SVA, based on 'jantri price,' is realistic and reflects ground conditions, especially in areas like Surat, known for underhand transactions.

The Tribunal reiterated that under Section 50C, if the consideration received is less than the value adopted by the stamp valuation authority, the latter value is deemed to be the full value of consideration. The onus is on the assessee to prove that the fair market value is lower than the stamp duty valuation, which the assessees failed to do. The Tribunal found no infirmity in the CIT(A)'s findings and dismissed the appeals on this ground.

2. Addition of Unexplained Capital Introduction:

In the case of Zunzabhai P. Patel, the AO added Rs. 54,588 to the income, noting that the assessee had shown this amount in the capital account without explanation. The assessee did not respond to the show-cause notice issued by the AO. On appeal, the CIT(A) upheld the addition, noting that the assessee did not argue this issue or provide any evidence.

The Tribunal observed that the assessee failed to submit any evidence before the AO or the CIT(A) and even in the written submissions before the Tribunal. Therefore, the Tribunal upheld the CIT(A)'s findings and dismissed the appeal on this ground.

3. Addition Based on Long-Term Capital Loss:

In the case of Zunzabhai P. Patel, the AO noticed a discrepancy in the claimed long-term capital loss on the sale of a row house. The AO found that the sale was concluded in the financial year 2004-05, not 2005-06 as claimed by the assessee, and accordingly recalculated the loss. The CIT(A) upheld the AO's findings, noting that the assessee did not contest this issue in the written submission.

The Tribunal noted that the assessee did not contest the issue before the CIT(A) and failed to appear before the Tribunal. In the absence of any material to take a different view, the Tribunal upheld the CIT(A)'s findings and dismissed the appeal on this ground.

Conclusion:

The Tribunal dismissed all three appeals, upholding the CIT(A)'s findings on all issues. The assessees failed to demonstrate that the fair market value was less than the stamp duty valuation, did not provide evidence for the unexplained capital introduction, and did not contest the recalculated long-term capital loss.

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