1982 (5) TMI 78 - AT - Income Tax

Summary

Issues:
1. Whether there was a transfer of asset within the meaning of S. 2(47) of the IT Act?
2. Deletion of addition of capital gains of Rs. 19,170 to the assessee.

Analysis:

Issue 1:
The case involved a question of law regarding the transfer of an asset under S. 2(47) of the IT Act. The Tribunal was requested to refer the question to the High Court, but it was found that the question did not call for reference. The assessment year in question was 1975-76, where the assessee, a specified HUF, became a partner in a firm with his brothers. The firm included a piece of land brought in by the brothers, and subsequently, a company was incorporated and became a partner in the firm. The ITO proposed an addition of Rs. 36,000, which was later reduced to Rs. 19,170 as long-term capital gains on the assessee's share.

Issue 2:
The assessee appealed the addition of capital gains before the CIT(A) and then the Tribunal. The Tribunal accepted the assessee's contention, distinguishing previous judgments involving movable assets. It relied on the Supreme Court decision in Alapati Venkataramiah vs. CIT, stating that the contribution of land to the firm without a registered conveyance deed did not constitute a transfer under S. 2(47) of the Act. The Tribunal held that no capital gains were chargeable to the assessee in this case and deleted the addition of Rs. 19,170.

The Tribunal rejected the application for reference, as the assessee's contention aligned with the Supreme Court decision, making the reference academic. The Tribunal also noted that the Gujarat High Court decision cited by the Departmental Representative was not applicable to the case at hand. Ultimately, the reference application was dismissed, upholding the Tribunal's decision regarding the non-existence of a transfer of asset within the meaning of S. 2(47) of the IT Act.