2019 (7) TMI 286 - AT - Income Tax

Addition u/s 56(2)(vii)(b)(ii) - suppression of purchase price of land in the hands of the assessee - applicability on stock in trade - HELD THAT - The provisions of section 56(2)(vii) were introduced as a counter evasion mechanism to prevent laundering of unaccounted income. The provisions were intended to extent the tax net to such transactions in kind. The intent is not to tax the transactions entered into in the normal course of business or trade, the profits of which are taxable under specific head of income. Therefore, the definition of property has been amended to provide that section 56(2)(vii) will have application to the property which is in the nature of a capital asset of the recipient and therefore would not apply to stock-in-trade, raw material and consumable stores of any business of such recipient. However, a property is defined in a very specific way, which includes agricultural and non-agricultural land or both. It appears that the lower authorities have not properly appreciated the relevant provisions of the Act with regard to the land purchased by the assessee, which is part of stock-in-trade. In the substantial interest of justice, we restore the matter back to the file of the AO for deciding the matter afresh after giving due opportunity of hearing to the assessee. - Appeal of assessee is allowed for statistical purpose.

Issues:
1. Addition under section 56(2)(vii)(b)(ii) for suppression of purchase price of land.
2. Consideration of land purchase as stock-in-trade.
3. Discrepancy in total purchase price and registry value.
4. Reliance on DLC value by lower authorities.
5. Pending litigation affecting land purchase.
6. Applicability of section 56(2)(vii)(b)(ii) to real estate business.
7. Allegation of unaccounted income laundering.
8. Lack of reference to DVO before invoking section 56(2)(vii).

Detailed Analysis:
1. The appeal involved an addition under section 56(2)(vii)(b)(ii) for the suppression of the purchase price of land. The assessee contended that the land purchase was stock-in-trade and not a capital asset, hence the provision should not apply. The lower authorities erred in not considering this argument and adopting the total purchase price without regard to the registry value.

2. The appellant argued that being engaged in real estate business, the provision of section 56(2)(vii)(b)(ii) should not apply as it pertains to capital assets, not stock-in-trade. The definition of 'property' was crucial, including both agricultural and non-agricultural land. The matter was restored to the AO for reevaluation considering the nature of the land as part of the stock-in-trade.

3. The discrepancy between the total purchase price and registry value was a key issue. The lower authorities relied on the DLC value, disregarding the specific circumstances of the case, including pending litigation affecting the property purchase. The matter was remanded for a fresh decision after proper consideration.

4. The judgment also addressed the applicability of section 56(2)(vii)(b)(ii) to real estate business transactions. It emphasized that the provision was not intended for routine business transactions but aimed at preventing laundering of unaccounted income. The intent was clarified to target capital assets, not stock-in-trade.

5. The appellant raised concerns about the lack of allegations regarding laundering of unaccounted income by the AO, questioning the validity of invoking section 56(2)(vii). It was noted that the AO did not refer the matter to the DVO before applying the provision, indicating procedural lapses.

6. In conclusion, the appeal was allowed for statistical purposes, emphasizing the need for a proper evaluation of the land purchase considering its nature as stock-in-trade in the real estate business. The judgment highlighted the importance of correctly interpreting the provisions of the Income Tax Act to ensure fair treatment of taxpayers.

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