2013 (10) TMI 427 - HC - Income Tax

Genuineness of sale consideration declared for computation of capital gains - Respondent-assessee, owner of a lease hold land allotted by the Delhi Development Authority, had entered into an agreement on 14.10.1996 with M/s Devika Builders Pvt. Ltd. for construction of a building. The builder was to construct the building at their own cost and on completion 50% of the building was to be handed over to the respondent assessee. M/s.Devika Builders Pvt. Ltd. had also paid Rs.30 lacs to the assessee Held that - M/s. Devika Builders Pvt. Ltd., they had spent Rs.2,78,60,136/- on construction of the building as on 31st March, 2002 - 50% share was Rs.1,39,30,068/- - Figure given in the books of account was the most authentic figure as that was the actual amount which was spent on construction. No discrepancies were found in the books of accounts of M/s. Devika Builders Pvt. Ltd. Valuation report per se have an element of discretion and are a matter of opinion. To this figure of Rs.1,39,31,000/-, an amount of Rs.30,00,000/- paid to the respondent-assessee by M/s. Devika Builders Pvt. Ltd. was added. Thus, the sale consideration received on transfer was computed at Rs.1,69,31,000/ - - Decided against the Revenue.

Summary

Issues:
1. Re-opening of assessment for assessment year 2002-03.
2. Determination of actual cost of construction and terms of agreement between assessee and builder.
3. Date of construction and method for calculating cost of construction.

Analysis:

1. The judgment pertains to an appeal by the revenue under Section 260A of the Income Tax Act, 1961 regarding the re-opening of assessment for the assessment year 2002-03. The Income Tax Appellate Tribunal had upheld the re-opening of assessment but remitted the case to the assessing officer for fresh adjudication to determine the actual cost of construction incurred by the builder and the terms of the agreement between the assessee and the builder.

2. The respondent-assessee, the owner of a leasehold land allotted by the Delhi Development Authority, had entered into an agreement with a builder for construction of a building. The agreement stated that the builder would construct the building at their own cost, and upon completion, 50% of the building would be handed over to the assessee. The builder had also paid a sum of Rs. 30 lakhs to the assessee.

3. Two main contentions were raised challenging the Tribunal's order. Firstly, the date of construction was disputed, and secondly, the method for calculating the cost of construction was debated. The Tribunal had determined the completion date of the building based on evidence provided by the architect. Additionally, the Tribunal rejected the District Valuation Officer's report for calculating the cost of construction and relied on the builder's books of accounts, which detailed the expenses incurred on construction. The Tribunal found the figures in the builder's books of accounts to be the most accurate method for computing capital gains.

4. The Tribunal's findings were based on factual evidence and deemed the figures in the builder's books of accounts as authentic, considering the expenses incurred on construction. The Tribunal's decision was upheld as it was not found to be illogical, perverse, or lacking evidence. The appeal was dismissed, affirming the Tribunal's approach in determining the cost of construction and the sale consideration received on transfer.