2015 (2) TMI 622 - AT - Income Tax

Capital gain on sale of a shop - though the shops were shown in the balance-sheet but the same were not being used for the purpose of business - whether no gain or loss is taxable on an asset forming block of assets unless the block ceases to exist? - interpretation of Section 50(1), Section 50A of the IT Act read with Section 48 & 49 of the I.T Act - Held that - Respectfully following the ratio laid down by the Hon ble High Court on the applicability of the provisions laid down u/s 50(2) in the case of CIT Vs. Ansal Properties and Infrastructures Ltd (2012 (4) TMI 469 - DELHI HIGH COURT) hold that the assessee has rightly submitted that it should have reduced the sale consideration from the block of assets instead of treating it as a separate asset. The provisions of Section 50 of the Act are also not applicable in the present case because the shop sold was not a business asset and depreciation was not being claimed/allowed and in such a situation the sale of the shop can be taxed only under the head Capital Gain. Thus, the addition also deserves to be deleted because real sense there was no capital gain. Both the additions in question are accordingly deleted. Having taxed the gain of ₹ 1,97,008/-, the same was again taxed u/s 50 read with Section 50A of the Act for the reason that gain on sale of depreciable asset was taxable under the head capital gain. It is the second addition which has been questioned by the assessee on the basis that when provisions Section 50 of the Act are not applicable, there is no question of application of Section 50A of the Act. - Decided in favour of assessee.

Issues:
1. Addition of capital gain on the sale of a shop from the block of assets.
2. Interpretation of Section 50(1), Section 50A of the IT Act read with Section 48 & 49 of the I.T Act.
3. Application of Section 50 and Section 50A in case of depreciable assets.

Analysis:

Issue 1: Addition of Capital Gain
The Assessing Officer (AO) made an addition of Rs. 1,97,008 on account of capital gain on the sale of a shop. The AO applied special provision u/s 50A for cost of acquisition in case of depreciable assets. The CIT(A) upheld this action. The appellant argued that the profit on the sale of the shop was not an independent income but part of the accounting treatment. The High Court's decision in CIT Vs. Ansal Properties and Infrastructure Ltd was cited to support the contention that the sale consideration should have been reduced from the block of assets instead of treating it as a separate asset. The Tribunal agreed with this argument and deleted the addition, stating that Section 50 was not applicable as the shop sold was not a business asset and depreciation was not claimed/allowed.

Issue 2: Interpretation of Sections 48, 49, 50, and 50A
The appellant contended that the provisions of Section 50 were not applicable as the block of assets continued to exist even after the sale of one shop. The Tribunal agreed, emphasizing that Section 50A comes into operation only when Section 50 is applicable. Since Section 50 was not applicable in this case, the Tribunal held that the addition made under Section 50A should be deleted. The Tribunal also noted that the taxability of income is different from accounting treatment, and in this case, the sale of the shop should be taxed only under the head "Capital Gain."

Issue 3: Application of Section 50 and Section 50A
The Tribunal further clarified that the provisions of Section 50 were not applicable as the shop sold was not a business asset and depreciation was not being claimed/allowed. Therefore, the sale of the shop should be taxed only under the head "Capital Gain." Consequently, both the additions related to capital gain were deleted by the Tribunal.

In conclusion, the Tribunal allowed the appeal, holding that the additions made on account of capital gain were not justified as the provisions of Section 50 and Section 50A were not applicable in the case of the depreciable asset sold.

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