2013 (8) TMI 40 - HC - Income Tax

Valuation u/s 50C - Reference not made to DVO - Tribunal upheld valuation done u/s 50C - Held that - when specific objection was made by the assessee as to the Assessing Officer adopting the market value, under Section 50C(2) of the Act, the Assessing Officer ought to have referred the valuation of the capital asset to the Valuation Officer, whereas, the authorities below referred to Section 50C(1) of the Act alone without adverting to Section 50C(2) - Decided in favour of assessee.

Summary

Issues:
1. Application of Section 50C for valuation of property without reference to District Valuation Officer (DVO).
2. Correctness of Tribunal's decision in adopting value under Section 50C.
3. Allegation of perverse finding by the Tribunal.
4. Assessment of capital gains in the hands of co-owners.
5. Applicability of Section 50C to property under consideration.

Issue 1: Application of Section 50C without DVO reference
The assessee objected to the Assessing Officer adopting the guide-line value for a property sold, citing it as a distress sale. Despite this objection and request to confirm the actual sale consideration, the Assessing Officer rejected Section 50C of the Income Tax Act for working out capital gains. The Income Tax Appellate Tribunal upheld this decision without considering the objection under Section 50C(2) to refer the valuation to the DVO. The Court found that the Assessing Officer erred in not referring to Section 50C(2) and ordered the matter to be sent back for capital gains calculation under Section 50C(2).

Issue 2: Correctness of Tribunal's decision on value adoption
The Tribunal rejected the assessee's appeal, stating that there was no record of the assessee disputing the sale consideration adopted for stamp duty purposes, thus invoking Section 50C. However, the Court noted that the objection raised by the assessee regarding market value adoption under Section 50C(2) was not considered by the authorities. The Court found the Tribunal's decision flawed and ordered the matter to be reconsidered by the Assessing Officer under Section 50C(2) for working out capital gains.

Issue 3: Allegation of perverse finding
The assessee contended that the Tribunal's finding was perverse as it did not address the contentions raised. The Court agreed with this contention, highlighting the failure of the authorities to consider the objection under Section 50C(2). This led to the decision being set aside, and the matter was remanded for proper consideration.

Issue 4: Assessment of capital gains for co-owners
There was a question regarding the assessment of capital gains in the hands of the assessee and his brother as co-owners of the property. The Tribunal's decision to assess capital gains without considering the objection under Section 50C(2) was found erroneous. The Court directed the matter to be revisited by the Assessing Officer in light of Section 50C(2) provisions.

Issue 5: Applicability of Section 50C to property under consideration
The assessee raised concerns about the applicability of Section 50C to the property in question due to part performance in 2000. The Court did not delve into this issue specifically but focused on the procedural errors in applying Section 50C(1) without considering Section 50C(2). The matter was remanded for proper assessment in accordance with Section 50C(2).

This judgment highlights the importance of following proper procedures under Section 50C of the Income Tax Act for valuation of properties to determine capital gains accurately. The Court emphasized the necessity of considering objections raised by taxpayers and involving the DVO when required, ensuring a fair and lawful assessment process.