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2021 (7) TMI 136 - AT - Income TaxAddition u/s 45(4) on account of revaluation of assets - distribution of the revaluation amount to the partners capital accounts during the continuation of the firm - whether or not the credit of the revaluation surplus to the capital accounts of the partners, including the retiring partner, wherein in the latter case the amount was transferred to a loan account, did tantamount to distribution of the capital assets of the firm otherwise than by dissolution of the firm within the meaning of Sec. 45(4) ? - HELD THAT - The issue involved in the case before us is squarely covered by the aforesaid order passed by the Tribunal in the case of the sister concern of the assessee, viz. M/s Amardeo Plastic Industries . Accordingly, respectfully following the view therein taken by the Tribunal, we, herein conclude, that the revaluation of the assets of the firm and crediting of the capital accounts of the partners could not have been brought within the meaning of Sec. 45(4) of the Act. We, thus, in terms of our aforesaid observations set-aside the order of the CIT(A) and vacate the addition made by the A.O u/s 45(4) of the Act. - Appeal of assessee allowed.
Issues Involved:
1. Addition of ?96,18,000/- under Section 45(4) of the Income Tax Act, 1961, due to revaluation of assets. Detailed Analysis: Issue 1: Addition of ?96,18,000/- under Section 45(4) on account of revaluation of assets Facts and Background: - The assessee firm, engaged in manufacturing PVC containers and other products, filed its return of income for A.Y. 2010-11. - During scrutiny assessment, it was observed that the firm had revalued its self-owned land and building at Daman Unit on 31st December 2009, resulting in a revaluation gain of ?96,18,000/-. - This gain was credited equally to the capital accounts of the original partners, including a retiring partner, whose share was transferred to a loan account. - The Assessing Officer (A.O) concluded that this revaluation surplus was a "capital gain" under Section 45(4) read with Section 50(2) of the Income Tax Act, 1961, and added it to the assessee's income. CIT(A) Decision: - The CIT(A) upheld the A.O's decision, stating that the distribution of the revaluation amount to the partners' capital accounts during the continuation of the firm partook the character of capital gain under Section 45(4) read with Section 2(14) of the Act. - The CIT(A) relied on the precedent set by the jurisdictional High Court in the case of Commissioner of Income-tax vs. A.N. Naik Associates, which interpreted the term "otherwise" in Section 45(4) to include reconstitution of the firm and not just dissolution. Tribunal's Analysis and Decision: - The Tribunal examined whether the credit of the revaluation surplus to the partners' capital accounts constituted a distribution of capital assets under Section 45(4). - It was noted that the issue was similar to a case involving a "sister concern" of the assessee, M/s Amardeo Plastics Industries, where the Tribunal had previously ruled that mere revaluation of assets and subsequent withdrawal by partners did not amount to distribution of assets by the firm. - The Tribunal emphasized that for Section 45(4) to apply, there must be a transfer of capital assets by way of distribution, and such distribution must occur on dissolution or otherwise. - The Tribunal referenced several judicial pronouncements, including the Bombay High Court's decision in PCIT Vs. Electroplast Engineers, which held that revaluation of assets and payment to retiring partners did not constitute a transfer of capital assets, thus not attracting Section 45(4). - The Tribunal also considered the Karnataka High Court's Full Bench decision in CIT Vs. Dynamic Enterprise, which clarified that the firm must cease to have any interest in the capital asset transferred for Section 45(4) to apply. Conclusion: - The Tribunal concluded that the revaluation of assets and crediting of the capital accounts of the partners did not result in an actual transfer of assets. - It held that the addition of ?96,18,000/- under Section 45(4) was not justified, as there was no distribution of capital assets as required by the section. - The Tribunal set aside the CIT(A)'s order and vacated the addition made by the A.O. Final Order: - The appeal of the assessee was allowed, and the addition of ?96,18,000/- was deleted. Pronouncement: - The order was pronounced in the open court on 23.06.2021.
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