2013 (12) TMI 1359 - AT - Income Tax

Computation of Long term and short term capital gain (LTCG / STCG) - development of the property and to convert the house into apartments - Quantum of assessment u/s 147 of the act Held that - Sale consideration received towards the land should be assessed as long-term capital gain and the profits arising out of the superstructure is to be assessed as short-term capital gain - the assessee is entitled to the benefit of exemption provided under sections 54 and 54F of the Act - The authorised representative has given detailed computation of long-term and short-term capital gain arising out of sale of land and built-up area falling in the share of the assessee - the assessee has conceded the short-term capital gain arising from sale of built-up area - As per the computation, the assessee has earned the long-term capital gain from the sale of land to the developer as Rs. 1,41,33,400 and the long-term capital gain arising out of sale of share of undivided land at the time of sale of built-up area was Rs. 1,14,81,000 - The assessee has invested a sum of Rs.1,60,00,000 in capital gains bonds and Rs. 1,15,00,000 in capital gains scheme totalling Rs. 2,75,00,000 and has claimed deduction under sections 54 and 54F of the Act Decided against Revenue.

Summary

Issues:
Assessment of long-term and short-term capital gains, Exemption under sections 54 and 54F of the Act, Reopening of assessment under section 147.

Analysis:

Assessment of Capital Gains:
The appellant filed the return of income for the assessment year 2007-08, declaring income and claiming exemption under sections 54 and 54E of the Act. The case involved income from interest and capital gains on the sale of property. The appellant had entered into an agreement for the development of a property in 2004, resulting in long-term and short-term capital gains. The Assessing Officer assessed short-term capital gain and initiated proceedings for long-term capital gain. The Commissioner of Income-tax (Appeals) held that the sale consideration for land should be long-term capital gain, while the profits from the superstructure should be short-term capital gain. The appellant's investments in capital gain bonds and schemes were considered for exemption.

Exemption under Sections 54 and 54F:
The Commissioner partly allowed the appeal, acknowledging the appellant's entitlement to exemption under sections 54 and 54F of the Act. The appellant had invested in capital gain bonds and schemes, exceeding the capital gain earned. The authorized representative presented detailed computations of long-term and short-term capital gains, supporting the claim for exemption. The Tribunal concurred with the Commissioner's findings, dismissing the Revenue's appeal based on the presented facts and computations.

Reopening of Assessment under Section 147:
The appellant did not challenge the proceedings initiated under section 147 but reserved the right to dispute the assessment quantum. The Tribunal noted the agreement for land development in 2004, with income arising in the relevant financial years. The appellant's representative acknowledged the initiation of proceedings under section 147, focusing on the assessment quantum. The Tribunal upheld the Commissioner's decision, emphasizing that the findings would not affect the ongoing proceedings under section 147 for the assessment year 2005-06.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the Commissioner's decision on the assessment of capital gains and exemption under sections 54 and 54F. The Tribunal clarified that its judgment would not impact the assessment proceedings under section 147 for the specified year.