1984 (7) TMI 99 - AT - Income Tax

Summary

Issues:
Assessment of capital gains on the sale of buses and route permits.

Analysis:
The case involved the transfer of six buses and route permits by the assessee to another party. The original assessment by the ITO was set aside by the Tribunal for a fresh assessment. The ITO calculated the profit from the sale of buses under section 41(2) of the Income-tax Act, 1961, at Rs. 33,791. Additionally, he assessed the surplus from the sale of route permits as capital gains. The Commissioner (Appeals) agreed with the ITO's allocation of values for the buses and route permits. The assessee contended that no cost was incurred for the route permits, therefore no capital gains tax should be levied. The Tribunal analyzed the allocation of values and found it justified. They upheld the profit computed under section 41(2) for the sale of buses.

Regarding the capital gains on route permits, the Tribunal referred to a decision by the Andhra Pradesh High Court, stating that if no amount was paid for acquiring the permit initially and it gained value over time due to various factors, then no capital gains tax should be levied. They emphasized that when there is no cost for the acquisition of an asset, no capital gain can be computed upon its sale. Citing a Supreme Court decision, they reiterated that assets with no conceivable acquisition cost are not subject to capital gains tax. Consequently, the Tribunal held that the value of the route permits was not liable to capital gains tax. Therefore, they partly allowed the appeal, ruling in favor of the assessee on the issue of capital gains related to the route permits.