2018 (5) TMI 129 - AT - Income Tax

Determination fair market value determined by valuation officer - full value of sale consideration u/s 50C - Held that - As per the DVO s letter, which has been attached as Annexure A to the DVO s final report, the record and details of the inquiries made by the DVO were not maintained. It has not been shown as to how it is not practicable to do so and as to how it is beyond the scope of the guidelines for valuation. As such, if any inquiries were made, since the results thereof were to be utilized against the assessee, these alleged inquiries having been conducted at the back of the assessee, the results thereof ought to have been, in accordance with the principles of natural justice, been necessarily confronted to the assessee. This has not been done. Accordingly, the matter is remitted to the AO, to be decided afresh on directing the DVO to conduct proper inquiries into the matter and to file a fresh valuation report after confronting the results of the inquiries to the assessee and deciding any objections against such inquiries, which may be raised by the assessee. The assessee shall be afforded due and adequate opportunity of hearing.

Issues Involved:
1. Addition under section 145(3) of the Act
2. Disallowance of interest as business expenditure
3. Disallowance of interest paid to LIC
4. Addition under long term capital gain
5. Valuation of property by District Valuation Officer (DVO)

1. Addition under section 145(3) of the Act:
The assessee appealed against the addition made by the CIT (Appeals) under section 145(3) of the Act, claiming that no defects were found in sales, purchases, and stock, yet the AO rejected the books. The dispute was regarding the rate of G.P. applied. The relief claimed was &8377; 91,694, which was the amount of the addition made.

2. Disallowance of interest as business expenditure:
The CIT (Appeals) confirmed the addition made by the AO for disallowing a proportionate amount of interest claimed by the appellant as business expenditure. The appellant argued that interest paid on borrowings for business purposes should be allowed as an expenditure under section 36(1)(iii) of the Income Tax Act. The relief claimed was &8377; 44,285.

3. Disallowance of interest paid to LIC:
The CIT (Appeals) confirmed the addition for &8377; 43,868 by disallowing the interest paid to LIC, stating it did not relate to the year under consideration. The appellant argued that all benefits of the amount had been utilized for business purposes in the relevant year. The relief claimed was &8377; 43,868.

4. Addition under long term capital gain:
The dispute arose from the addition of &8377; 23,94,950 under long term capital gain. The AO adopted a higher fair market value determined by the DVO, which was contested by the appellant. The appellant presented various objections, including the disputed title of the land, its location, and the presence of a cremation ground. The relief claimed was the amount of the addition.

5. Valuation of property by DVO:
The DVO valued the property at a higher rate than the appellant's declared sale price, considering various factors. The CIT (Appeals) upheld the DVO's valuation, emphasizing the technical nature of the DVO's report and the proper procedure followed. The appellant objected to the lack of local inquiries by the DVO and the absence of details on gathered information. The matter was remitted to the AO for fresh consideration, directing proper inquiries and confrontation of results to the appellant.

In conclusion, the judgment addressed multiple issues involving additions under different sections of the Income Tax Act, disallowances, and the valuation of property by the DVO. The detailed analysis of each issue highlighted the arguments presented by the appellant, the decisions of the authorities, and the reasoning behind the final judgment, ensuring a comprehensive review of the legal aspects and factual contentions involved in the case.

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