2012 (6) TMI 348 - AT - Income Tax

Whether CIT (Appeals) has erred in deleting the additions and holding that the report of DVO is unjustified - Capital gains Held that - Under section 50C of the Act for the purpose of computation of capital gains the full value of consideration has to be adopted as per circle rates. for the purpose of computation of capital gains under section 45, the full value of consideration has to be taken as per circle rates prescribed by the State Govt. for the purpose of stamp valuation unless the AO has material in his possession to prove that the assessee had received higher amount than the circle rates. there is nothing with the AO to suggest that the assessee had received more than what is stated in the sale deed and, therefore, full value of consideration cannot be adopted as per the DVO s report which represent fair market value of industrial plot sold. Adoption of DVO s report without providing opportunity of being heard is also against the principles of natural justice. no infirmity in the order passed by the ld. CIT (A). appeal filed by the Revenue is dismissed.

Summary

Issues:
Deletion of additions based on DVO's report without opportunity of being heard.

Analysis:
The only issue in this case pertains to the deletion of additions made by the assessing officer based on the report of the District Valuation Officer (DVO) without providing the assessee with an opportunity to be heard. The assessee, a non-resident, had sold an industrial plot inherited from his late mother. The DVO's valuation of the plot was significantly higher than the declared sale consideration, leading to the assessing officer charging a higher amount under capital gains. However, the assessing officer completed the assessment without allowing the assessee to present their case, which was challenged before the ld. CIT (Appeals).

Before the ld. CIT (Appeals), it was argued that the DVO's valuation method was flawed, as it did not consider the specific category of the plot and made arbitrary adjustments. The ld. CIT (A) considered additional evidence submitted by the assessee, noted discrepancies in the DVO's report, and concluded that the valuation was arbitrary and unreasonable. The ld. CIT (A) also highlighted the lack of opportunity given to the assessee to rebut the valuation, emphasizing the importance of natural justice principles in such proceedings.

The legal validity of the addition based on the DVO's report was further questioned, with reference to the onus of proving understatement of consideration not being discharged by the Department. Citing the decision of the Hon'ble Supreme Court in K.P. Varghese v. ITO, the ld. CIT (A) held that the addition was not justified and deleted it.

During the appeal, the assessee's representative argued that the property was sold above the circle rates prescribed by the government, justifying the deletion of the addition by the ld. CIT (A). The provisions of Section 50C of the Income Tax Act were invoked to support this argument, emphasizing that the full value of consideration should be based on circle rates unless proven otherwise. The ld. Sr. DR supported the ld. CIT (A)'s decision.

Upon thorough examination of the case and relevant provisions of the Income Tax Act, the Appellate Tribunal upheld the ld. CIT (A)'s decision to delete the addition based on the DVO's report. It was concluded that the assessing officer did not have sufficient evidence to show that the assessee received more than the stated amount in the sale deed, justifying the deletion of the addition. Additionally, the adoption of the DVO's report without providing the assessee with an opportunity to be heard was deemed against the principles of natural justice.

In conclusion, the appeal filed by the Revenue was dismissed, affirming the decision to delete the additions based on the DVO's report without affording the assessee an opportunity to present their case.