2017 (3) TMI 80 - AT - Income Tax

Computation of capital gain - Applicability of provisions of section 50C - Held that - The provisions of section 50C provides that where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed or assessable by any authority of a State Government (hereafter in this section referred to as the stamp valuation authority ) for the purpose of payment of stamp duty in respect of such transfer, the value so adopted or assessed or assessable shall, for the purposes of section 48, be deemed to be the full value of the consideration received or accruing as a result of such transfer. In view of this, the circle rates applicable on the date of the sale of property, shall be applied for working out of capital gain. Therefore we set aside the impugned orders of the lower authorities back to the file of the Ld. assessing officer to determine whether on the date of sale of the property, circle rates were in existence or not. If the circle rates are existing on that particular date, then the assessing officer must refer the matter to the valuation officer for valuation of the property at fair market value in terms of the provisions of section 50 C in terms of subsection (2) and then work out capital gain in accordance with that provision. That assessee may be given adequate opportunity of hearing and placing evidences before him before deciding the issue. In the result, ground No. 1, 2 and 3 of the appeal of the assessee are allowed with above direction.

Summary

Issues:
- Application of section 50 C of the Income Tax Act for determining capital gains on the sale of property.
- Consideration of circle rates in valuation of property.
- Failure to refer the matter to the valuation officer for determining fair market value.
- Interpretation of provisions of section 50 C regarding circle rates.

Analysis:

Issue 1: Application of section 50 C of the Income Tax Act
The appellant contested the addition retained for the sale of a property's 1/3rd share against the gross sale registered, arguing that the order was unjust and unlawful. The appellant claimed that the provision of section 50(c)(2) was not applicable as the Agreement of Sale was made before the circle rates were published. The assessing officer applied section 50 C, determining the full circle value of the property and working out the capital gain. The Tribunal held that if the circle rates were not in existence on the date of the sale, section 50 C cannot be applied. The assessing officer failed to refer the matter to the valuation cell for determining the fair market value, leading to the decision being set aside for reevaluation.

Issue 2: Consideration of circle rates in valuation
The appellant argued that there were no prescribed circle rates at the time of sale, which the assessing officer disregarded. The Tribunal emphasized that the circle rates applicable on the date of the sale should be used for calculating capital gains. The failure to consider the absence of circle rates on the sale date was highlighted as an error by the lower authorities.

Issue 3: Failure to refer the matter to the valuation officer
The Tribunal noted that the assessing officer did not refer the matter to the valuation officer despite the appellant's objection to the adoption of circle rates. This failure to follow the procedure mandated by law led to the decision being set aside for proper valuation and determination of capital gains.

Issue 4: Interpretation of provisions of section 50 C
The Tribunal clarified that the circle rates applicable on the date of the property sale should be utilized for computing capital gains. The Tribunal disagreed with the lower authorities' interpretation that circle rates notified after the sale date should be applied. The decision emphasized the importance of adhering to the provisions of section 50 C and ensuring that valuation is based on the rates existing at the time of the sale.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, setting aside the lower authorities' orders and directing a reevaluation based on the correct application of section 50 C and consideration of circle rates existing on the date of the property sale.