2022 (12) TMI 290 - AT - Income Tax

Rectification of mistake u/s 154 - capital gain computation - allowing the cost of acquisition while computing the capital gains - not reducing a sum from working of the profits of business or profession as the said sum represented sale proceeds of immovable property which had been credited to the Profit and Loss Account and while filing the return, the same had been duly considered under the head income from capital gains - HELD THAT - As in the intimation u/s 143(1), there is an acknowledgment by CPC that the assessee has carried out said adjustment to the profit/loss account to the tune of Rs 19,90,000/-, however, while processing the return of income, adjustment has been reflected by CPC to an extent of Rs 5,79,703/- which has resulted in differential of Rs 14,10,297/- which has been retained as part of the profit/loss account and consequent net adjustment of Rs 14,10,297/-. At the same time,there is an acknowledgement by CPC that the assessee has offered net long term capital gains - therefore find that it is clearly a case where the sale consideration as credited in the profit/loss account has been reduced while computing the income under the head Profit/gains of business/profession and income under the head Capital gains has been computed separately taking into consideration the sale consideration and cost of acquisition offering net capital gains. CPC has however processed the return of income holding that the separate treatment towards capital gains is to the tune of Rs 579,703/- rather than of Rs 19,90,000/- effectively ignoring the cost of acquisition of Rs 14,10,297/- and thus making the adjustment to the tune of Rs 14,10,297/-.We find that the same is clearly a mistake emerging from the record as no two views are possible for allowing the cost of acquisition while computing the capital gains and that too, while processing the return of income in absence of any material to the contrary available on record. No useful purpose would be solved in remanding the matter and the adjustment so made by the CPC is hereby directed to be deleted. Appeal of assessee allowed.

Summary

Issues:
1. Adjustment of sale proceeds of immovable property in computing income under different heads.
2. Rejection of rectification application under section 154 of the Income Tax Act.
3. Double addition of the same amount in the assessment.

Issue 1: Adjustment of sale proceeds of immovable property:
The appeal involved a dispute regarding the adjustment of sale proceeds of an immovable property in the computation of income under different heads. The assessee sold a property for Rs. 19,90,000, which was credited to the profit and loss account and considered under the head of capital gains while filing the return. However, the Centralized Processing Centre (CPC) in Bengaluru made an adjustment of Rs. 19,90,000 under the head "Profit & Loss from Business and Profession," resulting in a discrepancy in the income computation. The Tribunal found that the CPC's adjustment was incorrect as the assessee had correctly disclosed the sale proceeds under the capital gains head. The Tribunal held that the adjustment made by the CPC was a mistake apparent from the record and directed the deletion of the adjustment.

Issue 2: Rejection of rectification application under section 154:
The assessee had filed a rectification application under section 154 of the Income Tax Act, seeking correction of the adjustment made by the CPC. However, the CPC rejected the rectification application, leading the assessee to appeal before the Commissioner of Income Tax (Appeals) (CIT(A)). The CIT(A) upheld the CPC's decision, prompting the assessee to approach the Tribunal. The Tribunal noted that the assessee had disclosed all incomes correctly under the relevant heads, and the mistake in the CPC's adjustment was apparent from the record. The Tribunal held that the CPC's action in passing the order under section 154 was unwarranted and against the law. The Tribunal allowed the appeal, emphasizing that the rectification was necessary to correct the erroneous adjustment made by the CPC.

Issue 3: Double addition of the same amount in the assessment:
The assessee contended that the CPC's adjustment resulted in double taxation of the same amount, as the sale proceeds of the immovable property were already considered under the capital gains head. The Tribunal agreed with the assessee's argument and found that the CPC's action of adding Rs. 14,10,297 to the business income was unjustified. The Tribunal held that the CPC's adjustment led to double taxation, which was not permissible under the law. The Tribunal referred to a previous decision of the Chandigarh Bench to support its conclusion. Consequently, the Tribunal allowed the appeal and directed the deletion of the erroneous adjustment made by the CPC.

In conclusion, the Tribunal ruled in favor of the assessee, highlighting the incorrect adjustment made by the CPC in computing the income under different heads. The Tribunal emphasized the need to rectify the mistake apparent from the record and directed the deletion of the unjustified adjustment, thereby allowing the appeal.