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2012 (7) TMI 644 - AT - Income TaxAddition as unexplained investment u/s 69B - valuation - Assessee company had purchased two pieces of land - Assessee company has disclosed full purchase cost whereas the Assessing Officer has taken difference of purchase cost as undisclosed cost which was taken treated as unexplained investment u/s 69B of the IT Act Held that - Lands purchased by the appellant company as well as M.s Bhagyanagar Metals Ltd are adjacent to each other - Sri Madhu Venkateshwar who is the owner of the third site which was sold to M/s Bhagyanagar Metals Ltd had received rs 25,000 per acre and the total consideration of Rs. 163,75,000/- for Ac. 6.22 guntas the appellant could not have purchased for a throw away price of Rs 20,00,000 for Ac. 3 guntas and Rs 22,50,000 for Ac. 3.37 guntas - sale price of the plots of Rs.150 per square yard would clearly indicate the price at which the property could have been purchased, as it is natural that no businessman would sell at a price lesser than the purchase price thereby incurring a loss - Assessing Officer directed to adopt the rate of Rs.150 per square yard as purchase cost of land by the assessee - appeal of the Assessee is partly allowed.
Issues Involved:
1. Validity of the assessment made under section 153C. 2. Addition of Rs. 130,62,000 as unexplained investment under section 69B. Issue-wise Detailed Analysis: 1. Validity of the Assessment Made Under Section 153C: The first ground regarding the validity of the assessment made under section 153C was not pressed by the assessee. Consequently, this ground was dismissed as not pressed. 2. Addition of Rs. 130,62,000 as Unexplained Investment Under Section 69B: - Background: The assessee company purchased two pieces of land at Gandiguda Village, Shamshabad Mandal, Ranga Reddy District from two different sellers, disclosing the purchase costs as Rs. 20,00,000 and Rs. 22,50,000 respectively. The Assessing Officer (AO) assessed the purchase cost of these lands as Rs. 75,00,000 and Rs. 98,12,500, resulting in an addition of Rs. 1,30,62,000 as unexplained investment under section 69B of the Income Tax Act. - AO's Findings: During a search of M/s CSK Realtors Ltd, documents revealed that another company, M/s Bhagyanagar Metals Ltd, purchased adjacent land at a significantly higher rate of Rs. 25,00,000 per acre. The AO found similarities between the sale deeds of the assessee and M/s Bhagyanagar Metals Ltd, noting that both transactions involved the same general manager and were for lands in the same survey numbers. The AO concluded that the assessee had suppressed the actual purchase consideration and added the difference as unexplained investment. - Assessee's Contention: The assessee argued that the AO wrongly compared their purchase price with that of M/s Bhagyanagar Metals Ltd, which bought land at a higher price due to different circumstances, including the timing of the purchase during a boom period. The assessee also contended that there was no evidence to suggest they paid a similar price as M/s Bhagyanagar Metals Ltd. - CIT(A)'s Decision: The CIT(A) upheld the AO's addition, stating that the lands were adjacent and purchased within a short time frame, making it unlikely that the prices would differ significantly. The CIT(A) found the AO's computation of the purchase consideration justified. - Tribunal's Analysis: The Tribunal reviewed the documents and noted that plots in the same area were sold at Rs. 150 per square yard. It concluded that the assessee could not have purchased the land at a rate lower than this, as it would result in a loss. The Tribunal directed the AO to adopt Rs. 150 per square yard as the purchase cost, which worked out to Rs. 7.26 lakhs per acre, totaling around Rs. 50.28 lakhs for the entire land. The unexplained investment was to be reworked accordingly. Conclusion: The appeal of the assessee was partly allowed. The Tribunal directed a re-evaluation of the unexplained investment based on a revised purchase cost of Rs. 150 per square yard. Order Pronounced in the court on 10.2.2012.
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