2013 (7) TMI 623 - HC - Income Tax

Cost of acquisition - Tribunal upheld the cost of acquisition quoted by assessee - Held that - Assessee had filed certificate from Nagar Palika and also report from Land Revenue Inspector stating that all Khatta numbers of the said property lie within municipal limits - assessee also filed copies of revenue records, which revealed that the property is not part of Harijan basti as reported by ITI in his earlier report - If for the sake of presumption it is considered that the land is situated near to Harijan Basti, it cannot be said that the land will not have the value as fixed in the circle rate in as much as the Central Government and the State Government have announced several programmes to uplift the Harijans to provide affordable houses to them - The State Government has charged stamp duty of the land from Vijay Cinema upto Kisan Degree College at the rate of Rs.250/- per sq. yard. The adoption of rate at Rs.150/- per sq. yard was thus reasonable. - Therefore, no substantial question of law arises - Decided against Revenue.

Summary

Issues:
Income tax appeal under Section 260 (A) of the Income Tax Act, 1961 against the judgment and order passed by the Income Tax Appellate Tribunal for the assessment year 2008-09. The main issue revolves around the determination of the cost of acquisition of land based on the circle rate and its proximity to a specific area.

Analysis:
The appeal raised the question of law regarding the correctness of the ITAT's decision to confirm the order of the CIT (A) directing the cost of acquisition of capital assets to be based on the value taken by the assessee at the circle rate of Rs.150/- per sq. yard. The appellant argued that the land was actually situated near Harijan Basti, Shamli, with a lower circle rate of Rs.35/- per sq. yard. However, the A.O., C.I.T. (A), and the ITAT found sufficient reasons to support the Rs.150/- per sq. yard valuation. The CIT (A) and ITAT considered evidence such as certificates from Nagar Palika, reports from Land Revenue Inspector, and revenue records to establish that the property was not part of Harijan Basti as claimed. They also noted government programs for Harijans and stamp duty rates as factors influencing the valuation. The Tribunal upheld the CIT (A)'s decision based on the documentary evidence provided by the assessee, concluding that the Assessing Officer failed to show any discrepancies or falsity in the evidence presented.

The High Court reviewed the orders of the lower authorities and found that the findings were based on a detailed assessment of the material on record. The Court observed that the question of law raised by the appellant did not warrant consideration as the findings were factual and supported by the evidence presented. Therefore, the Court dismissed the income tax appeal, affirming the decision of the ITAT regarding the cost of acquisition of the land based on the circle rate of Rs.150/- per sq. yard.