9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 425 - AT - Income TaxSale consideration determined by Stamp Duty Authority for value determined by DVO - Held that - We have observed that for the purpose of computation of capital gain, the full value of consideration received has to be taken based upon the actual value of sale of property which is higher than the stamp duty value in accordance with the provisions of section 50C of the Act. In this case the full value of the property is comprised of land and building amounting to ₹ 40 crores while the stamp duty value determined. In our considered opinion, the A.O. erred in referring the matter to the DVO u/s 55A as reference can only be made if the stamp duty value is higher than the agreement value. We do not find any infirmity in the order of the ld. CIT(A) and we confirm the same. In our considered view, the addition made by the A.O. cannot be upheld. - Decided in favour of assessee.
Issues:
1. Dispute over the valuation of property for capital gain computation. Analysis: The appeal before the Appellate Tribunal ITAT Mumbai involved a dispute regarding the valuation of a property for the computation of capital gains for the assessment year 2009-10. The Revenue challenged the order of the Commissioner of Income Tax (Appeals) that deleted an addition made by the Assessing Officer. The core issue revolved around whether the valuation determined by the Departmental Valuation Officer (DVO) should replace the sale consideration determined by the Stamp Duty Authority. The Revenue contended that the DVO's valuation should be considered, while the assessee argued that the stamp duty valuation was lower than the actual sale consideration, justifying the use of the agreement value for the assessment. The assessee, a textile manufacturing company, had sold a property for ?40 crores, comprising land and structures, with a registered agreement with M/s Future Communications Ltd. The stamp duty authorities valued the property at ?25,14,76,226, while the assessee declared the value of land at ?38 crores and structures at ?2 crores. The Assessing Officer referred the matter to the DVO, who valued the property at ?40,60,99,000. The assessee objected to the DVO's valuation, arguing that the stamp duty value was significantly lower than the actual consideration received. Before the Commissioner of Income Tax (Appeals), the assessee contended that the DVO's valuation was based on the structure's future value post-demolition, which was not appropriate for determining the full value of consideration received. The CIT(A) noted the disparity between the DVO's valuation and the stamp duty value, ultimately allowing the assessee's appeal. The Revenue, dissatisfied with this decision, appealed to the Tribunal. During the Tribunal proceedings, the Revenue argued in favor of upholding the addition made by the Assessing Officer based on the DVO's valuation. On the other hand, the assessee's counsel reiterated that the stamp duty valuation was significantly lower than the actual consideration, rendering the DVO's valuation irrelevant. After considering the arguments and the available evidence, the Tribunal held that the Assessing Officer erred in referring the matter to the DVO under section 55A, as the stamp duty value was lower than the agreement value. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the order of the CIT(A) and rejecting the addition made by the Assessing Officer. In conclusion, the Tribunal's judgment clarified that for computing capital gains, the full value of consideration should be based on the actual sale value, which, in this case, was higher than the stamp duty valuation. The Tribunal found no merit in the Revenue's appeal and upheld the decision of the CIT(A), thereby dismissing the appeal filed by the Revenue for the assessment year 2009-10.
|
