2014 (4) TMI 1223 - HC - Income Tax

Assessment of income - addition on account of profit arising from the sale of 11 flats admeasuring 1943 square metres out of which 50% has been taxed for each of the respondents abovenamed - It was the case of the assessee that the said amount was already assessed in the hands of one Mr. Monserrate (in whose favor construction right was transferred) for earlier assessment year and as such the taxation in the hands of the respondent would amount to double addition. Held that - Authorities below have concurrently found on the basis of appreciation of evidence on record that there was no transfer and as such the income could not be taxed in the hands of the respondent herein. The records also reveal that the person to whom flats have been assigned have duly been taxed on such income. As such the income of the said flats were shown in his return. The concurrent findings of fact arrived at by the authorities below based on evidence on record cannot be re-appreciated by this Court in the present appeal u/s 260A of the Income Tax Act unless any perversity is disclosed by the appellant.

Summary

Issues:
1. Addition of income on account of profit from the sale of flats.
2. Dispute regarding the taxation in the hands of the respondent.
3. Appeal before the Commissioner of Income Tax (Appeals) and the Tribunal's decision.
4. Concurrent findings of fact by the authorities below.
5. Interpretation of substantial question of law under Section 260A of the Income Tax Act.

1. Addition of income on account of profit from the sale of flats:
The case involved the addition of income amounting to Rs. 2,72,02,000 from the sale of 11 flats, with 50% taxed for each of the respondents. The Assessing Officer adopted the value of the flats at Rs. 14,000 per square meter. The respondent argued that the amount was already assessed in another individual's hands for a previous assessment year, leading to potential double taxation. However, the Assessing Officer did not accept this contention.

2. Dispute regarding the taxation in the hands of the respondent:
The Commissioner of Income Tax (Appeals) found no evidence to suggest that the flats were actually sold or that the income accrued to the respondent. The Commissioner deemed the taxation a notional addition of income and deleted it. The Tribunal confirmed this decision, noting the agreement for development and sale of land, and the income from the flats was already taxed in the hands of another individual.

3. Appeal before the Commissioner of Income Tax (Appeals) and the Tribunal's decision:
The Commissioner held that no actual transaction occurred regarding the flats and that the income was not attributable to the respondent. The Tribunal supported this view, emphasizing that the income from the flats was accounted for in another individual's tax return.

4. Concurrent findings of fact by the authorities below:
The authorities below, after examining the evidence, unanimously concluded that there was no transfer of income to tax the respondent. The individual to whom the flats were assigned had already been taxed on this income, as reflected in his tax return.

5. Interpretation of substantial question of law under Section 260A of the Income Tax Act:
The High Court rejected the appeals, citing the absence of any substantial questions of law requiring consideration. Referring to precedents, the court emphasized that without evidence of perversity in the findings of the lower authorities, no substantial legal questions arose for the court's review.

Overall, the High Court upheld the decisions of the lower authorities, emphasizing the lack of evidence supporting the addition of income to the respondent's tax liability and the absence of any substantial legal questions necessitating a different outcome.