2009 (12) TMI 371 - HC - Income Tax

Capital gain-Transfer- The assessee is a partnership firm. On account of the dissolution the assets of the firm are distributed among its partners. The Assessing officer calculate the capital gain. Commissioner (Appeals) confirm the findings of the Assessing Officer. Tribunal also held that assessee liable to pay capital gain. Held that- the question of quantification not raised before the Tribunal thus the appeal has been dismissed.

Summary

Issues:
1. Challenge to the order passed by the Assessing Officer regarding capital gains payable by the assessee.
2. Dispute over the quantification of capital gains paid by the partners of the firm on account of dissolution.
3. Failure to raise the issue of quantification of capital gains before the Income-tax Appellate Tribunal.

Analysis:
1. The appellant, a partnership firm, challenged the order passed by the Assessing Officer regarding the calculation of capital gains payable by the assessee. The Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal affirmed the decision. The Tribunal noted that the appellant did not raise the issue of quantification of capital gains in the appeal memo, leading to the dismissal of the appeal by the High Court.

2. The dispute arose from the distribution of assets among the partners of the firm due to dissolution. The Assessing Officer calculated the capital gains payable by the assessee, which was contested by the appellant. The Commissioner of Income-tax (Appeals) confirmed the findings of the Assessing Officer but provided some relief to the assessee. However, the Income-tax Appellate Tribunal held the assessee liable to pay capital gains and rejected the quantification issue raised by the appellant due to not being raised earlier.

3. The High Court referred to a previous judgment in Suvardhan v. CIT, which covered the payment of capital gains by partners on asset distribution due to dissolution. The Court emphasized that the appellant failed to raise the quantification issue before the Income-tax Appellate Tribunal, despite being dissatisfied with the relief granted by the Commissioner of Income-tax (Appeals). Consequently, the High Court dismissed the appeal, stating that the appellant could not raise the quantification issue for the first time before the Court.

In conclusion, the High Court dismissed the appeal due to the failure to raise the quantification issue before the Income-tax Appellate Tribunal, emphasizing the importance of raising all relevant issues at the appropriate stages of the appeal process.