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2010 (5) TMI 69 - HC - Income TaxCapital Gains indexed cost of acquisition cost of improvements - Receipt of an amount towards settlement sale of property - It was agreed that out of a total consideration of Rs.15,76,05,316/- payable by the developer qua that property, Rs.4 Crores would be given to the appellant and remaining amount was to be paid to Reeta Wahi. - Receipt of this amount was treated as capital gain by the Assessing Officer (AO). The appellant resisted this move of the AO contending that he was not the owner of the property nor had any tenancy rights therein. He was only staying in the said property for the last more than 45 years and sum of Rs.4 crores was received by the appellant for handing over the vacant possession of the property in question in terms of Settlement Deed dated 25.11.2006. - Therefore, this amount was not received against transfer of any capital asset as defined under Section 2(14) of the Income Tax Act and was thus not taxable as capital gain. The AO rejected this contention taking note of the facts narrated above. CIT(A) and ITAT also decided against the assessee. Held that entire indexed cost of acquisition has to be deducted from the amount received by the appellant. The question of law decided in favor of assessee
Issues Involved:
1. Whether the suit is barred by the provisions of the Benami Transaction (Prohibition) Act, 1986. 2. Whether the amount received by the appellant is taxable as capital gain. 3. Whether the appellant is entitled to deduction of the entire indexed cost of acquisition against the receipt of Rs.4 Crores. Issue-wise Detailed Analysis: 1. Barred by Benami Transaction (Prohibition) Act, 1986: The appellant, a Non-Resident Indian and Swiss National, claimed ownership of a property purchased in the name of his niece, Reeta Wahi. The property was bought using funds advanced by a company substantially owned by the appellant. The appellant argued that Reeta Wahi held the property in a fiduciary capacity. The court initially accepted this argument, deciding that the transaction was saved by Section 4(3)(b) of the Benami Transaction (Prohibition) Act, 1988. This section exempts certain fiduciary relationships from the Act's prohibition on benami transactions. The court thus ruled in favor of the appellant, allowing the suit to proceed and rejecting the argument that the suit was barred under the Act. 2. Taxability as Capital Gain: The appellant received Rs.4 Crores as part of a settlement agreement. The Assessing Officer (AO) treated this amount as capital gain, arguing that the appellant was the real owner of the property. This position was supported by the appellant's own assertions in prior litigation that he was the actual owner, with Reeta Wahi holding the property in a fiduciary capacity. The court upheld the AO's decision, noting that the settlement and subsequent payment were directly linked to the appellant's ownership claim. Therefore, the Rs.4 Crores was rightly treated as capital gain. 3. Deduction of Indexed Cost of Acquisition: The appellant contended that the entire indexed cost of acquisition (Rs.2.25 Crores) should be deducted from the Rs.4 Crores received to compute the capital gain. The AO, however, allowed only a proportionate deduction based on the total consideration of Rs.15.76 Crores, resulting in a deduction of Rs.57.10 lakhs. The Tribunal upheld the AO's approach, stating that the proportionate deduction was reasonable given the shared ownership dispute and settlement. However, the court found this approach contradictory. Since the appellant was treated as the absolute owner for the purpose of taxing the Rs.4 Crores as capital gain, it logically followed that the entire indexed cost of acquisition should be deducted. The court noted that the balance cost of acquisition had not been utilized for any other party's benefit, reinforcing the appellant's claim for the full deduction. Consequently, the court ruled in favor of the appellant, allowing the entire indexed cost of acquisition to be deducted from the Rs.4 Crores received. Conclusion: The court concluded that the appellant was entitled to the full indexed cost of acquisition deduction against the capital gain, overturning the Tribunal's decision. The appeal was partly allowed on this question of law, with no order as to costs.
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