2014 (11) TMI 174 - AT - Income Tax

Sustenance of addition of loans and gifts - Addition made based on DVO s report - Receipts have already been surrendered - Held that - There is no reason to disbelief the claim of the assessee - the contention of the assessee is accepted and the addition is directed to be deleted. The cost of service extra items and amount estimated at 3% architects fee is directed to be deleted from the estimated cost of investment - rebate of 15% on the total investment estimated by the DVO is to be given for the reason that plinth area rates have been adopted for valuation by the DVO and it has been decided in various orders of the Tribunals that there would be a variation of 15% in the value when plinth area rates are applied as compared to detailed valuation on the basis of quantities - further reduction of 15% of the cost estimated by DVO is directed - deduction of 10% in the cost of construction for the various factors pointed out by the assessee is directed Decided in favour of assessee.

Issues Involved:
1. Addition on account of loans and gifts.
2. Addition based on estimated cost of construction.
3. Charging of interest under sections 234B, 234C, and 220(2).

Issue-wise Detailed Analysis:

1. Addition on Account of Loans and Gifts:
The Commissioner of Income Tax (Appeals) sustained an addition of Rs. 91,987/- for the assessment year 2000-01 on account of loans and gifts, which the assessee claimed were already surrendered and appeared in the bank accounts. The Tribunal reviewed the details of gifts received on the occasion of the ring ceremony of the assessee's son amounting to Rs. 70,412/-. As these were customary gifts and small amounts, the Tribunal accepted the assessee's claim and directed the deletion of Rs. 70,412/- from the addition of Rs. 91,987/-. The remaining Rs. 21,485/- was sustained due to lack of substantiation by the assessee.

2. Addition Based on Estimated Cost of Construction:
For the assessment years 2000-01 and 2003-04, the issue pertained to the addition made based on the Departmental Valuation Officer's (DVO) report. The DVO estimated the cost of construction significantly higher than what was disclosed by the assessee. The Commissioner of Income Tax (Appeals) allowed partial relief by granting a 15% reduction due to the difference between CPWD and PWD rates and an additional 10% for self-supervision, as the assessee's father, an Executive Engineer in PWD, supervised the work.

The Tribunal further reviewed the assessee's contentions, which included:
- The application of CPWD rates instead of local PWD rates.
- The cost of construction being estimated too high without considering local conditions.
- The inclusion of architect fees despite no architect being employed.
- The valuation discrepancies in various construction components and services.

After careful consideration, the Tribunal directed:
- Deletion of the cost of service extra items and the 3% architect fee from the estimated cost.
- A further 15% reduction on the total investment estimated by the DVO due to the application of plinth area rates.
- An additional 10% deduction in the cost of construction for various factors highlighted by the assessee.

Thus, the Tribunal allowed the grounds related to the estimated cost of construction in part.

3. Charging of Interest under Sections 234B, 234C, and 220(2):
The Tribunal noted that the issue of charging interest under sections 234B, 234C, and 220(2) was consequential in nature. Therefore, the decision on this matter would follow the outcome of the primary issues discussed above.

Conclusion:
In summary, the Tribunal allowed the appeals of the assessee in part. The addition on account of loans and gifts was partly deleted, and significant relief was granted concerning the estimated cost of construction by directing various deductions and deletions from the DVO's report. The issue of interest charges was deemed consequential and dependent on the primary findings. The order was pronounced in the Open Court on 30th October 2014.

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