2021 (2) TMI 587 - HC - Income Tax

Loss arising from sale of subject land - Capital gain OR profit and gains from business or profession - Section 50C applicability - assessee had entered into an unregistered agreement i.e., an agreement to sale with M/s Namaste Exports Ltd. for purchase of land measuring 3639.60 square meters for a consideration of ₹ 4.25 Crores - HELD THAT - Section 50C applies only in case of a transferor of land which in the instant case is M/s Namaste Exports and not the assessee who was only a consenting party and not a transferor / co-owner of the property. Undoubtedly, the assessee had certain rights under the agreement, however, from the clear plain and unambiguous language employed in Section 50C, it is evident that the same does not apply to a case of rights in land. It is equally well settled rule of statutory interpretation with regard to taxing statute that an assessee cannot be taxed without clear words for that purpose and every Act of the Parliament has to be read as per its natural construction of words. For the aforementioned reasons, in our considered opinion, the provisions of Section 50(c) are not applicable to the case of the assessee. In the result, the first substantial question of law is answered in the negative and in favour of the assessee.

Issues Involved:
1. Whether the subject land sold is held by the appellant as investment and not as stock in trade.
2. Whether the loss arising from the sale of the subject land is chargeable to tax under the head 'income from capital gains' and not under the head 'profit and gains from business or profession'.
3. Whether the provisions of Section 50C are applicable to the instant case of sale of subject land by the appellant.
4. Whether the business loss of ?60,43,859/- for the Assessment Year 2010-11 should be allowed.

Issue-wise Detailed Analysis:

Issue 1: Investment vs. Stock in Trade
The court examined whether the land sold by the appellant was held as an investment or as stock in trade. The appellant argued that the land was purchased under an unregistered agreement and was never handed over possession or given Power of Attorney. The appellant contended that the land was not an investment but a business asset, and thus, the loss should be considered a business loss. The tribunal found that the appellant had failed to provide sufficient evidence to prove that the land was held as stock in trade and not as an investment. The court noted that the tribunal's findings were based on the appellant's past conduct and the treatment of similar transactions as capital gains.

Issue 2: Tax Head for Loss
The court deliberated on whether the loss from the sale of the subject land should be taxed under 'income from capital gains' or 'profit and gains from business or profession'. The appellant argued that the land was part of their business inventory, and thus, the loss should be considered a business loss. However, the tribunal held that the loss should be taxed under 'income from capital gains' based on the appellant's treatment of similar transactions in the past. The court did not provide a conclusive answer to this issue and remitted it back to the tribunal for further examination.

Issue 3: Applicability of Section 50C
The court analyzed the applicability of Section 50C, which deals with the valuation of capital assets for the purpose of stamp duty. The appellant argued that Section 50C should not apply as they were not the transferor of the land but merely a consenting witness. The court noted that Section 50C applies only to the transferor of the land and not to someone with mere rights in the land. The court concluded that the provisions of Section 50C were not applicable to the appellant's case, as they were not the transferor of the land. This issue was resolved in favor of the appellant.

Issue 4: Allowability of Business Loss
The appellant claimed a business loss of ?60,43,859/- for the Assessment Year 2010-11, arguing that the land was part of their business inventory. The tribunal had rejected this claim, treating the loss as a capital loss. The court did not address this issue directly but implied that it required further factual adjudication. Consequently, the court remitted the matter back to the tribunal for a fresh decision on this issue.

Conclusion:
The court concluded that the provisions of Section 50C were not applicable to the appellant's case, resolving the first substantial question of law in favor of the appellant. However, the court remitted the issues related to the nature of the asset (investment vs. stock in trade) and the appropriate tax head for the loss back to the tribunal for further examination. The court did not provide a conclusive answer on the allowability of the business loss, leaving it for the tribunal to decide afresh. The appeal was disposed of with these directions.

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