2012 (10) TMI 567 - AT - Income Tax

Exempted capital gains on sale of land - assessee contested against not admitting copy of Agreement to Sale dated 10.05.1998 as additional evidence under Rule 46A - Held that - As the agreement to sale dated 10.5.1998 goes to the root of the issue and for the substantial interest of justice, the CIT(A) should have accepted the same. Thus the additional evidence should not be refused to be admitted on technicalities. As going through the Sale arrangement the assessee has not shown the purchase of agricultural land in its books of account as an investment. Therefore, there is no reason to accept the contention that he has acquired agricultural land as an investment, profit arising out of which should not be liable to be taxed as business profit or capital gain, when the assessee has grossly failed to show that this agriculture land was situated outside the municipal limit so as to come under the purview of Section 2(14)(iii). As this land never transferred in favour of assessee and it was standing only in the name of Kanha Grih Nirman Sahkari Samiti, who was actually seller of land during the year under consideration. Even in the sale deed alleged to be executed during the year, the assessee was not shown as a seller of the property but merely as consenter to the transaction of sale - thus treating the gain arising out of sale transaction as business income is warranted - against assessee.

Summary

Issues:
1. Admissibility of additional evidence under Rule 46A of Income Tax Rules.
2. Treatment of surplus arising from sale transaction as business profit instead of exempted capital gain.

Issue 1: Admissibility of additional evidence under Rule 46A of Income Tax Rules:
The appellant contested the decision of the CIT(A) to not admit the "Anubandh Patra" dated 10.05.1998 as additional evidence, crucial for determining the correct income and tax liability. The appellant argued that the Assessing Officer did not provide sufficient opportunity to adduce relevant evidence, justifying the admission of the additional evidence under Rule 46A. The CIT(A) rejected the additional evidence application, emphasizing that the appellant failed to prove ownership of the agricultural land based on the agreement to sale. The Tribunal accepted the additional evidence but concluded that the appellant's failure to show the land purchase as an investment in its books of account rendered the claim for exempted capital gain invalid. The Tribunal upheld the decision to tax the surplus as business income, considering the appellant's role as a consenter in the sale transaction.

Issue 2: Treatment of surplus arising from sale transaction as business profit:
The Assessing Officer treated the surplus from the sale of land as business profit, considering it an adventure in the nature of trade due to the appellant's role as a consenter rather than the actual owner. The CIT(A) confirmed this treatment, highlighting the lack of evidence supporting the appellant's claim of ownership based on the agreement to sale. The appellant argued that the agricultural land transfer constituted exempted capital gains, citing provisions of the Income-tax Act. However, the Tribunal found that the appellant's failure to demonstrate the land purchase as an investment in its accounts undermined this argument. Despite accepting the additional evidence, the Tribunal upheld the decision to tax the surplus as business income, as the appellant's involvement in real estate development indicated a business transaction rather than a capital gain scenario.

In conclusion, the Tribunal dismissed the appeal, affirming the lower authorities' decision to tax the surplus arising from the sale transaction as business income instead of exempted capital gain. The Tribunal emphasized the appellant's failure to establish ownership of the agricultural land and the transaction's nature as part of the appellant's real estate business activities. The decision underscored the importance of maintaining proper documentation and evidence to support claims in income tax proceedings.