2013 (2) TMI 550 - HC - Income Tax

Receipt of money in addition of the registered value for sale of land - held that - in respect of 39.19 acres of land, the transaction is complete and the assessees have received full consideration from Sri N.K. Mohta, as per the MOU. For the remaining extent of land, N.K. Mohta has filed a suit and contended that he has paid some amount in respect of the remaining extent of land. The transaction is not yet completed. Hence, we hold that the transaction in respect of 39.19 acres is completed and each of the assessees have got the income of Rs. 25,07,508/- in the said transaction. Hence, the said amount has to be treated as income from the real estate and liable to be brought under tax. - Decided in favor of revenue. Receipt of extra unaccounted money - held that - No document has been produced to show that has paid Rs. 90,00,000/- to the assessees in respect of remaining extent of land. The stray and inconsistent statement made by N.K. Mohta cannot be accepted. In the absence of any document, the statement of N.K. Mohta that he has paid a sum of Rs. 90,00,000/- to the assessees in cash cannot be accepted. Accordingly, we hold the second substantial question of law in favour of the assessees.

Summary

Issues:
- Appeal against the order of the Income Tax Appellate Tribunal confirming the order passed by the Commissioner of Income Tax (Appeals) for the assessment year 1996-97.
- Determination of whether the income earned by the assessees from a real estate transaction should be treated as their income for taxation purposes.

Analysis:

Issue 1:
The Revenue appealed against the order of the Commissioner of Income Tax (Appeals) which was confirmed by the Income Tax Appellate Tribunal. The case involved a real estate transaction where the assessees entered into an agreement to acquire and deliver 63 acres of land. The Assessing Authority assessed the profit earned from this transaction at Rs. 75,22,525, with each assessee entitled to 1/3rd share. The assessees contested the assessment, leading to appeals and subsequent legal proceedings.

Issue 2:
The substantial questions of law raised in the appeals were whether the income derived from the real estate transaction should be considered as the assessees' income for tax purposes. The arguments presented by both parties focused on the details of the transaction, including the acquisition and delivery of land, payments made, and statements provided by involved parties. The Tribunal considered the evidence, including the Memorandum of Understanding and statements of the parties involved, to determine the nature of the transaction and the income generated.

Court's Decision:
Upon careful consideration of the arguments and evidence presented, the Court found that the transaction involving 31.19 acres of land was completed, and each assessee received income of Rs. 25,07,508 from this part of the transaction. Therefore, this amount was deemed as income from real estate and subject to taxation. However, the Court ruled in favor of the assessees regarding the additional sum of Rs. 90,00,000 claimed to have been paid, as there was insufficient evidence to prove this payment. As a result, the Court allowed the appeals in part, answering the substantial questions of law in favor of the revenue and the assessees, respectively.

This detailed analysis of the legal judgment provides a comprehensive overview of the issues involved, the arguments presented by both parties, and the Court's decision on each issue, ensuring a thorough understanding of the case.