2008 (8) TMI 127 - HC - Income Tax

Addition on account that assessee sold land as per sale-deeds at a low price - in absence of evidence on record, higher price for sale of land cannot be presumed so additions were rightly deleted by tribunal in respect of depreciation on tankers, when tankers were duly registered, insured and given on lease and diesel was filled, assessing authority was not right in holding that tankers were neither given on lease nor put in use so, ITAT was right in allowing depreciation on said tankers

Summary

Issues:
1. Determination of selling price of land for taxation purposes.
2. Allowance of depreciation on purchased tankers.

Issue 1: Determination of selling price of land for taxation purposes

The appellant filed an appeal against the ITAT order, which allowed the respondent's appeal and dismissed the appellant's appeal regarding the addition of income on the sale of land and disallowance of depreciation on tankers. The Assessing Authority added Rs.17,14,418 to the assessee's income for selling land at a low price of Rs.18.66 per sq.ft compared to the market rate of Rs.40 per sq.ft. The CIT(A) partially accepted the appeal, assuming the land was sold at Rs.22 per sq.ft. and allowed full depreciation on tankers. The ITAT upheld the appeal, deleting the addition of income from land sale and dismissing the revenue's appeal. The main issue was whether the ITAT's conclusion on the selling price of land was correct. The appellant argued that the land was sold at a higher price, while the respondent contended that the ITAT's decision was accurate. The court analyzed various precedents and emphasized that without evidence, assuming a higher selling price is unjustified. The court cited cases to support that the Stamp Valuation Authority's rates for registration do not determine the actual selling price. Consequently, the court ruled in favor of the respondent, concluding that the ITAT did not err in allowing the appeal.

Issue 2: Allowance of depreciation on purchased tankers

Regarding the second issue, the assessee, engaged in the transport business, purchased three tankers in March 1997. The assessing authority disallowed depreciation, stating no evidence proved the tankers' use during the year. The CIT(A) overturned this decision, noting that the tankers were handed over for lease and registered, with diesel purchased on the same day. The CIT(A) deemed the tankers' use for claiming depreciation irrelevant, a decision upheld by the ITAT. The revenue's counsel failed to justify the assessing authority's stance that the tankers were not leased or used. Given the lease income received and assessed, the court found no fault with the ITAT's decision. Consequently, the court ruled against the revenue on this issue as well.

In conclusion, both issues were decided against the revenue, and the appeal was dismissed based on the court's analysis and rulings on the determination of selling price of land and allowance of depreciation on purchased tankers.