2015 (8) TMI 834 - AT - Income Tax

Application of provisions of sec. 50C - CIT(A) deleted the additions as relying on case of CIT Vs. Khoobsurat Resorts Pvt. Ltd. 2012 (11) TMI 590 - DELHI HIGH COURT as convinced that no permanent structure of any kind can be erected on the impugned land and AO has not considered the circumstances relating to land and has mechanically applied the provisions of sec. 50C - Held that - The undisputed fact is that the assessee has shown sale consideration from the sale of impugned property, whose stamp duty value was much higher. It is also undisputed fact that the assessee had sold the property under duress. It is also an undisputed fact that the bungalow erected on the impugned land was demolished by the local authorities. Such facts lead to only one conclusion that the stamp duty valuation is not done considering these related factors. In our considered opinion, the matter should have been referred to the District Valuation Officer (DVO) to value the property after considering all the related facts in the impugned land. In the interest of justice and fair play, we therefore, restore this issue to the file of the Assessing Officer. The Assessing Officer is directed to refer the matter to the DVO mentioning the special character of the impugned property and decide the issue afresh after giving reasonable and fair opportunity of being heard to the assessee. - Decided in favour of revenue for statistical purpose.

Summary

Issues Involved:
1. Dispute over the application of section 50C(1) regarding the market value of a capital asset.
2. Failure to consider the provisions of section 50C(2) for referring property valuation to a Valuation Officer.
3. Allegation of not claiming a fair market value lower than the Stamp Valuation Authority's valuation.
4. Assertion that the Assessing Officer did not reject the valuation report before concluding under section 50C.

Analysis:

Issue 1: Dispute over section 50C(1) application
The Revenue contested the deletion of additions made under section 50C(1) by the CIT(A). The Revenue argued that the market value determined by the Stamp Valuation Authority should be considered as the full value of consideration. However, the CIT(A) held that the Assessing Officer mechanically applied section 50C without considering the circumstances of the case. The CIT(A) referred to a Delhi High Court decision emphasizing that stamp duty value alone cannot determine undervaluation. The Tribunal agreed with the CIT(A) and directed the Assessing Officer to delete the additions.

Issue 2: Failure to consider section 50C(2) provisions
The Revenue also raised the issue of the assessee not utilizing the option under section 50C(2) to request a valuation by a Valuation Officer. The Tribunal did not address this specific contention in its judgment, focusing instead on the lack of consideration of relevant factors in the stamp duty valuation.

Issue 3: Allegation of not claiming a lower fair market value
The Revenue criticized the CIT(A) for not acknowledging any claim by the assessee regarding a fair market value lower than the Stamp Valuation Authority's valuation. The Tribunal did not explicitly address this point but emphasized the need to consider all related factors affecting the property's value, including the demolition of a bungalow on the land.

Issue 4: Assessment under section 50C without rejecting valuation report
The Revenue argued that the Assessing Officer did not reject any valuation report before concluding that the assessee did not declare the full value of consideration. The Tribunal acknowledged the discrepancy between the stamp duty value and the actual sale consideration, highlighting the unique circumstances of the property and directing a fresh assessment by a District Valuation Officer.

In conclusion, the Tribunal's decision favored the assessee, emphasizing the importance of considering all relevant factors in property valuation and directing a reassessment by a Valuation Officer to ensure a fair determination of the capital gains.