2013 (3) TMI 852 - AT - Income Tax

Summary

Issues Involved:
1. Payment over and above the document price.
2. Compensation paid to vacate unauthorized occupants.
3. Computation of short-term capital gains on the sale of 2.96 acres of land.
4. Treatment of retention money.

Summary:

Issue 1: Payment over and above the document price
The Revenue contested the payment of Rs. 1,86,61,000/- made by the assessee over the document price of Rs. 1,38,82,000/-. The Tribunal upheld the Commissioner of Income-tax(Appeals)'s decision, stating that the additional payment was genuine and part of the cost of acquisition. The guideline value set by the State Government does not necessarily reflect the market value, and the additional payment was necessary to acquire the land.

Issue 2: Compensation paid to vacate unauthorized occupants
The assessee paid Rs. 1,15,95,500/- to unauthorized occupants to vacate the land. The Tribunal agreed with the Commissioner of Income-tax(Appeals) that this payment was genuine and part of the cost of acquisition. The payment was essential for the assessee to gain free possession of the land for development.

Issue 3: Computation of short-term capital gains on the sale of 2.96 acres of land
The assessee had agreements to purchase 2.96 acres of land but transferred the right to purchase to M/s. MPC, who paid Rs. 9.79 crores directly to the landowners. The Assessing Officer included this amount in the assessee's total consideration but did not allow the corresponding acquisition cost. The Tribunal found this approach unjust and upheld the Commissioner of Income-tax(Appeals)'s decision to exclude the Rs. 9.79 crores from the assessee's total consideration or allow it as a deduction.

Issue 4: Treatment of retention money
The Assessing Officer added Rs. 2,18,96,985/- shown as 'Other Liabilities' in the assessee's balance sheet, considering it a contingent liability. The Tribunal disagreed, stating that retention money is a usual practice in contracts and represents an actual liability, not a contingent one. The Commissioner of Income-tax(Appeals) rightly deleted this addition.

Conclusion:
The Tribunal upheld the Commissioner of Income-tax(Appeals)'s comprehensive order, finding it just and fair. The appeal filed by the Revenue was dismissed.