2013 (7) TMI 57 - AT - Income Tax

Computation of capital gain Matter referred to DVO Held that - as per sub-section (2), if the assessee claims before the Assessing Officer that the stamp duty valuation exceeds the fair market value of the property, then, the Assessing Officer is bound to refer the matter to the valuation officer. Section 50C is deeming provision wherein for purpose of computing capital gain, stamp duty valuation of property to be substituted against actual consideration for purpose of levy of capital gain under Section 48 of Income-tax Act Assessing Officer required to compute capital gain as per valuation report of DVO except where valuation exceeds stamp duty valuation In such circumstances, capital gain to be computed as per stamp duty valuation Action of Assessing Officer perfectly in accordance with law in view of provisions of Section 50C of Income-tax Act read with Section 16A of Wealth-tax Act Decided against the assessee.

Summary

Issues:
1. Valuation of plot for computing capital gain under Section 50C.
2. Application of fair market value determined by DVO in place of stamp duty valuation.
3. Consideration of irregular shape of plot in valuation process.

Issue 1: Valuation of plot for computing capital gain under Section 50C:
The case involved the sale of a plot of land where the stamp duty valuation was &8377; 9,89,000. Initially, the Assessing Officer computed the capital gain based on this stamp duty valuation. However, on appeal, the ITAT directed the AO to consider the assessee's claim that the fair market value was lower than the stamp duty valuation. Subsequently, the DVO determined the fair market value at &8377; 9,39,000, which was less than the stamp duty valuation. The Assessing Officer then calculated the capital gain based on the DVO's valuation. The ITAT upheld this approach, stating that the AO must consider the valuation report of the DVO unless it exceeds the stamp duty valuation, as per Section 50C of the Income-tax Act.

Issue 2: Application of fair market value determined by DVO in place of stamp duty valuation:
The Assessing Officer referred the matter to the DVO, who determined the fair market value of the property at &8377; 9,39,000, lower than the stamp duty valuation. The AO then used this fair market value to compute the capital gain. The ITAT affirmed this decision, emphasizing that the AO must follow the valuation report of the DVO unless it surpasses the stamp duty valuation, as mandated by Section 50C of the Income-tax Act.

Issue 3: Consideration of irregular shape of plot in valuation process:
During the hearing, the appellant argued that the plot's irregular shape should be taken into account in the valuation process. The appellant claimed that such irregular plots typically sell for 30 to 35% less than regular-shaped plots. The appellant requested a 30% rebate in the valuation to reflect the irregular shape. However, the ITAT held that the valuation should be based on the fair market value determined by the DVO, irrespective of the plot's shape, as per the provisions of Section 50C.

In conclusion, the ITAT dismissed the appellant's appeal, upholding the Assessing Officer's decision to compute the capital gain based on the fair market value determined by the DVO, in compliance with Section 50C of the Income-tax Act.