2014 (1) TMI 303 - AT - Income Tax

Amount paid to contractors as cost of improvement of property not considered while capital gain computation u/s 55 of the Act - Held that - The assessee made payments to sub-contractors which is not in dispute - The assessee also deducted TDS on such payments to contractors is also not in dispute - the assessee himself carried out the unfinished portion of the building without which he could not have used that property as dubbing and recording theatre - the assessee has sold the property, i.e., dubbing and recording theatre - The assessee has paid amounts to contractors deducting TDS thus, the assessee cannot be denied cost of improvement for the purpose of computing capital gains simply because the contractors to whom the payments were made did not carry out the work AO directed to re-compute the capital gain as cost of improvement of the asset Decided in favour of Assessee.

Issues:
Appeal against Commissioner of Income-tax (Appeals) order for assessment year 2007-08 - Consideration of Rs.13,70,000 paid to contractors as cost of improvement for computing capital gains.

Analysis:
The appeal before the Appellate Tribunal ITAT Chennai involved the consideration of Rs.13,70,000 paid to contractors as cost of improvement for computing capital gains for the assessment year 2007-08. The assessee, a renowned playback singer, actor, and proprietor of recording theatres, declared short-term capital gains of Rs. 35,48,200 from the sale of a building in Hyderabad. The assessee claimed the cost of improvement of the property at Rs. 39,69,500, which was paid to contractors for improvement and construction purposes. However, the Assessing Officer did not accept this claim and excluded the cost of improvement from the computation of capital gains. On appeal, the Commissioner of Income-tax (Appeals) directed verification of the expenditure claimed by the assessee and denied the cost of improvement for Rs. 13,17,000 paid to contractors, stating that the contract work was not carried out by them. The Appellate Tribunal was tasked with determining whether the assessee should be allowed to claim the Rs.13,70,000 as the cost of improvement for computing capital gains.

The counsel for the assessee argued that the payments made to various contractors were for modifying and altering the property to suit it as a dubbing and recording theatre. The contractors had left without completing the work due to differences with the assessee, who then completed the work himself. It was emphasized that TDS was deducted on payments made to the contractors, and the work was eventually finished by the assessee. The Departmental representative supported the lower authorities' orders. After considering the submissions and evidence on record, the Tribunal observed that the assessee had indeed made payments to subcontractors, deducted TDS, and completed the unfinished portion of the building to use it as a dubbing and recording theatre. The Tribunal noted that the Assessing Officer did not dispute that the cost of improvement was met by the assessee, and that the property was subsequently sold. Therefore, the Tribunal held that the assessee should not be denied the cost of improvement for computing capital gains simply because the contractors did not complete the work. Consequently, the Tribunal directed the Assessing Officer to consider the Rs. 13,70,000 as the cost of improvement of the asset and to recompute the capital gains accordingly.

In conclusion, the Appellate Tribunal ITAT Chennai allowed the appeal of the assessee, emphasizing that the cost of improvement paid to contractors should be considered for computing capital gains, as the work was eventually completed by the assessee, TDS was deducted on payments, and the property was sold after the improvements were made.

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