2012 (3) TMI 699 - AT - Income Tax

Summary

Issues Involved:
The judgment involves the jurisdiction of CIT u/s. 263, application of section 50C for computing gains on transfer of industrial unit taxable u/s. 50, and whether the AO's order was erroneous and prejudicial to the interests of revenue.

Jurisdiction u/s. 263:
The appeal was filed against the order passed by CIT-9, Mumbai u/s. 263. The grounds of appeal challenged the exercise of powers u/s. 263, questioning the CIT's assumption of jurisdiction and direction to recompute income on sale of industrial units by substituting Stamp Duty valuation. The CIT held the AO's order as erroneous and prejudicial to revenue, directing re-computation based on Stamp Duty valuation.

Application of Section 50C:
The CIT invoked section 50C for computing gains on transfer of industrial unit taxable u/s. 50. The assessee argued that as the assets were depreciable capital assets, section 50 should prevail over section 50C. The CIT, however, held that if the sale consideration was less than Stamp Duty valuation, section 50C would apply.

Erroneous Order by AO:
The AO had picked up the case for scrutiny and framed assessment u/s. 143(3) after seeking explanations from the assessee. The CIT proposed revision of the order, questioning the applicability of section 50C. The AR argued that the AO had applied his mind on the issue, making the CIT's direction invalid under section 263. The ITAT found that the AO did apply his mind, and the order u/s. 143(3) was not unsustainable in law.

Conclusion:
After considering submissions and legal precedents, the ITAT concluded that the AO had applied his mind on the issue of section 50C, and the CIT's direction was erroneous. The order passed by the AO u/s. 143(3) was restored, setting aside the CIT's direction. The judgment was pronounced on 21st March 2012.