2014 (3) TMI 494 - AT - Income Tax

Denial of LTCG Difference in interest Held that - The opinion that the additions made by the AO in the case of the appellant under the head Long Term Capital Gain by importing the Circle rate, do not stand the test of judicial scrutiny the decision in Navneet Kumar Thakkar. Versus Income-tax Officer, Ward 4 2007 (3) TMI 317 - ITAT JODHPUR followed - The issue has not been discussed by the AO - Revenue was required to address as to what was the basis of the adoption of the Circle rate of Rs.16,100/- per sq. mtr. by the AO - the assessment order is silent on this very vital relevant fact - revenue fairly conceded that in the absence of anything else she would merely rely upon the AO and was not in a position to add anything else in support of the departmental ground there is no reason to interfere in the order Decided against Revenue.

Summary

Issues:
Appeal against assessment order correction for the 2009-10 assessment year, Ex-parte hearing due to absence of assessee, Addition of Long Term Capital Gain, Challenge of Section 50C invocation, Adoption of Circle rate, Deletion of addition by CIT(A), Lack of evidence for Circle rate adoption, Dismissal of Revenue's appeal.

Analysis:
The appeal was filed by the Revenue against the order correcting the assessment year to 2009-10 and the ward details. Despite the absence of the assessee during the hearing, the appeal proceeded based on the material on record. The initial income declaration of Rs.1,65,890 was scrutinized, resulting in an assessment of Rs.43,24,340 due to additions made. The primary addition was Rs.38,25,423 for Long Term Capital Gain and Rs.32,895 for interest difference. The CIT(A) deleted the Long Term Capital Gain addition, leading to the Revenue's appeal before the Tribunal.

The CIT(A) based the deletion on the argument that Section 50C of the Act did not apply since the properties were transferred through Power of Attorney, not Registered Sale Deeds. The CIT(A) cited relevant case laws supporting this stance. The Tribunal noted the absence of discussion by the AO on the basis for adopting the Circle rate of Rs.16,100 per sq. mtr. The Revenue failed to provide evidence or reasoning for this adoption, leading to the dismissal of their appeal. The Tribunal upheld the CIT(A)'s decision to delete the addition of Long Term Capital Gain.

The Tribunal emphasized the importance of providing relevant discussion and evidence in assessment orders. The lack of justification for the Circle rate adoption undermined the Revenue's appeal. The decision highlighted the necessity for proper documentation and reasoning in tax assessments. Ultimately, the Tribunal dismissed the Revenue's appeal, affirming the deletion of the Long Term Capital Gain addition by the CIT(A).

In conclusion, the judgment addressed issues related to assessment corrections, Long Term Capital Gain addition, Section 50C invocation, Circle rate adoption, and the importance of evidence and reasoning in tax assessments. The decision underscored the need for thorough examination and justification in tax proceedings to ensure fair and accurate outcomes.