2015 (7) TMI 977 - AT - Income Tax

Valuation of land - fair market value of the land - cost of improvement of ₹ 1,00,000 being declined in the computation of capital gains by the revenue - Held that - In the light of Hon ble Supreme Court s judgment in the case of Mehraban & Ors 1997 (4) TMI 497 - Supreme Court Of India , a copy of which was filed before us as well, there is indeed no error in rejecting in valuation @ ₹ 70 per square yard adopted by the a.o. However, learned CIT(A) was in error to the extent that solatium is required to be treated as a part of the compensation, for income tax purposes, in the light of Hon ble Gujarat High Court s judgment in the case of Vadilal Soda Ice Factory Vs CIT 1970 (9) TMI 12 - GUJARAT High Court , and, therefore, as against valuation at ₹ 85 per square yard, he should have taken the same as at ₹ 110 per square yard as claimed by the assessee. As regards the cost of improvement, there is no dispute about the fact of the levelling having been done but the claim is declined only for want of evidences. In the case of expenses of this nature, i .e on levelling etc, it is not always possible to have third party evidences of expenses. The assessee is an individual and not a corporate. Keeping in view all these factors, and smallness of amount, we see no reasons to decline the claim. - Decided against Revenue.

Summary

Issues: Valuation of land for capital gains computation, consideration of solatium, cost of improvement, penalty under section 271(1)(c).

Valuation of land for capital gains computation:
The case involved disputes over the fair market value (FMV) of land sold by the assessee, with the Assessing Officer valuing it at Rs. 70 per square yard and the assessee claiming Rs. 110 per square yard. The CIT(A) adopted the FMV at Rs. 85 per square yard, excluding the solatium. The tribunal, considering legal precedents, upheld the valuation at Rs. 110 per square yard as claimed by the assessee, stating that solatium should be included in the valuation. The tribunal also allowed the cost of improvement claimed by the assessee, emphasizing that lack of third-party evidence does not necessarily invalidate such claims for individuals.

Consideration of solatium:
The tribunal ruled that solatium should be treated as part of the compensation for income tax purposes based on legal precedents, contrary to the CIT(A)'s decision to exclude it from the valuation of the land. This decision led to the valuation of the land at Rs. 110 per square yard instead of Rs. 85 per square yard as determined by the CIT(A).

Cost of improvement:
The tribunal acknowledged that the levelling of the land had been done by the assessee but was declined as a cost of improvement due to lack of evidence. However, the tribunal accepted the claim, noting that for expenses like levelling, third-party evidence may not always be available, especially for individuals. Consequently, the tribunal allowed the cost of improvement claimed by the assessee.

Penalty under section 271(1)(c):
The penalty under section 271(1)(c) was challenged in ITA No. 3872/Del/13, which was dismissed as the tribunal had already ruled in favor of the assessee regarding the related quantum addition. The tribunal upheld the deletion of the penalty, as the basis for imposing the penalty no longer held after the quantum addition was dismissed.

Conclusion:
The tribunal dismissed the appeal filed by the Assessing Officer regarding the valuation of land for capital gains computation and allowed the cross objection filed by the assessee. Additionally, the penalty under section 271(1)(c) was dismissed, and the related cross objection was also dismissed as it merely supported the CIT(A)'s order without any independent grievance. The tribunal's decision highlighted the importance of considering legal precedents and individual circumstances in determining fair market value and allowable expenses for capital gains computation.