2022 (7) TMI 681 - AT - Income Tax

Deduction u/s 54 - according to AO the property was purchased on 30.06.2006 and the assessee was in possession of the property for less than 3 years and therefore the assessee is not eligible to claim LTCG - HELD THAT - We find CIT (A) dismissed the appeal filed by the assessee the reasons of which have already been reproduced in the preceding paragraph. It is the submission of the assessee that although the purchase of the property was registered on 30.06.2006 however the assessee was in possession of the property on the basis of agreement of sale dated 5.10.2000 and the assessee was showing rental income from the said property in the return filed for the A.Ys 2005-06 2006-07 and therefore the assessee was in possession of the property. It is the submission of assessee that the lower authorities have not verified the documents properly and therefore the assessee should be given an opportunity to substantiate his case. We find some force in the above argument of assessee. The paper book filed by the assessee shows that the assessee filed return of income for the A.Ys 2005-06 2006-07 and for subsequent years and has disclosed the rental income from the said property. In our opinion the matter requires a revisit to the file of the AO since various documents filed by the assessee including the copy of the return for the A.Ys 2005-06 2006-07 disclosing the rental income from the property in question has not been verified by the lower authorities - we deem it proper to restore the issue to the file of the AO with a direction to grant one more opportunity to the assessee to substantiate his case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the Assessing Officer without seeking any adjournment under any pretext failing which the Assessing Officer is at liberty to pass appropriate order as per law including allowability of deduction u/s 54 - The grounds raised by the assessee are accordingly allowed for statistical purposes.

Summary

Issues Involved:
1. Validity of the Agreement of Sale dated 05.10.2000.
2. Classification of capital gains as Long Term Capital Gains (LTCG) or Short Term Capital Gains (STCG).
3. Eligibility for deduction under Section 54 of the Income Tax Act, 1961.

Detailed Analysis:

1. Validity of the Agreement of Sale dated 05.10.2000:
The primary issue contested was whether the Agreement of Sale dated 05.10.2000, which was not registered, could be considered valid. The CIT (A) concluded that because the Agreement of Sale was not registered, it was not a valid agreement. The appellant argued that possession of the property was taken in 2000, as evidenced by rental income declarations in returns filed for A.Ys 2005-06 to 2008-09. The Tribunal noted that the lower authorities did not properly verify the documents submitted by the appellant, including the rental income declarations. Therefore, the Tribunal deemed it necessary to remand the matter back to the Assessing Officer (AO) for a fresh examination of all relevant documents.

2. Classification of Capital Gains:
The Assessing Officer classified the gains from the sale of the property as Short Term Capital Gains (STCG) on the grounds that the property was purchased on 30.06.2006 and sold on 13.10.2008, which did not meet the three-year holding period required for Long Term Capital Gains (LTCG). The appellant contended that the property was acquired in 2000 based on the Agreement of Sale and that the gains should be classified as LTCG. The Tribunal found merit in the appellant's argument that the property was held since 2000, as evidenced by rental income declarations. However, the Tribunal decided that the matter required further verification by the AO to determine the correct holding period and the nature of the capital gains.

3. Eligibility for Deduction under Section 54:
The appellant claimed deduction under Section 54 of the Income Tax Act, 1961, on the grounds that the gains from the sale were invested in another residential property. The CIT (A) denied the deduction, stating that the sale was made as a GPA holder and not as the owner, and thus Section 54 did not apply. The appellant argued that the property was sold in 2008, and the gains were invested in another residential property in 2009, making them eligible for the deduction. The Tribunal noted that the lower authorities did not adequately verify the ownership and investment details. Consequently, the Tribunal directed the AO to re-examine the eligibility for deduction under Section 54 in light of the additional documents and evidence provided by the appellant.

Conclusion:
The Tribunal found that the lower authorities did not adequately verify the documents and evidence provided by the appellant. Therefore, it remanded the matter back to the AO for a fresh examination of all relevant documents and evidence. The AO was directed to grant the appellant an opportunity to substantiate their claims and decide the issues as per fact and law. The appeals were allowed for statistical purposes, and the AO was instructed to re-evaluate the validity of the Agreement of Sale, the classification of capital gains, and the eligibility for deduction under Section 54.