2020 (9) TMI 731 - HC - Income Tax

Long term capital Gain - Transfer of assets - ITAT confirmed the deletion as per the order of CIT(A) - Power of CIT(A) in exercising power u/s 250(4) to accept remand report with regard to income as well as claim of expenditure made by assessee - HELD THAT - Section 250(4) of the Income Tax Act provides that the Commissioner (Appeals) may, before disposing of any appeal, make such further inquiry as he thinks fit, or may direct the (Assessing) Officer to make further inquiry and report the result of the same to the Commissioner(Appeals). When the assessee produced the material before the Commissioner of Income Tax (Appeals), the Commissioner, in exercise of power under Section 250(4) of the Act, directed the Assessing Officer to submit the Remand Report. As submitted by the Assessing Officer himself, it is evident that, if the Remand Report is accepted with regard to long term capital gains, then addition as income from other sources and income from other sources is also accepted, therefore, the question of law framed in this regard namely, substantial questions of law No.3, 4, 5 and 8 do not arise for consideration in this appeal, as the Commissioner of Income Tax (Appeals) has passed the order on the aforesaid Remand Report and the order passed by the Commissioner of Income Tax(Appeals) has been accepted by the Income Tax Appellate Tribunal. So far as other substantial questions of law are concerned, it is not necessary for us to answer the same as the Remand Report is accepted in respect of the aforesaid three heads, the appeal filed by the revenue would not be acceptable before this Court in view of the circular 2019 dated 8.8.2019.

Summary

Issues:
1. Disallowance of proceeds from joint development of sites
2. Disallowance of de-notification and administrative charges
3. Computation of long term capital gain on transfer of land
4. Disallowance of long term capital asset treatment
5. Disallowance of income from other sources related to foreign tour
6. Disallowance of income from others due to lack of proof
7. Disallowance of cash deficit amount
8. Disallowance of amounts deposited by cheques

Issue 1: Disallowance of proceeds from joint development of sites
The Tribunal set aside the disallowance of proceeds from joint development of sites, questioning the assessing authority's decision based on the conversion of agricultural land. The Tribunal's decision was based on the total proceeds realized from the sale of sites, leading to a substantial question of law.

Issue 2: Disallowance of de-notification and administrative charges
The Tribunal also set aside the disallowance of de-notification and administrative charges, disagreeing with the assessing authority's calculation based on the share of profit. The Tribunal found fault with the extent of disallowance made by the assessing authority, leading to another substantial question of law.

Issue 3: Computation of long term capital gain on transfer of land
Regarding the computation of long term capital gain on the transfer of land, the Tribunal questioned the assessing authority's treatment of the transaction as a transfer within the meaning of the Income Tax Act. The Tribunal's decision raised concerns about the nature of the transfer and ownership, presenting a significant legal issue.

Issue 4: Disallowance of long term capital asset treatment
The Tribunal addressed the disallowance of long term capital asset treatment, asserting that the land in question was rightly treated as a capital asset. The Tribunal's decision contradicted the assessing authority's classification, leading to a legal dispute over the asset's categorization.

Issue 5: Disallowance of income from other sources related to foreign tour
The Tribunal set aside the disallowance of income from other sources related to a foreign tour, emphasizing the lack of proof provided by the assessee. The Tribunal disagreed with the assessing authority's observations, creating a legal challenge regarding the income source.

Issue 6: Disallowance of income from others due to lack of proof
The Tribunal addressed the disallowance of income from others, highlighting the failure to prove liability and the absence of documentary evidence. The Tribunal's decision raised questions about the substantiation of claims, leading to a legal dispute over the income source.

Issue 7: Disallowance of cash deficit amount
Regarding the disallowance of a cash deficit amount, the Tribunal questioned the lack of personal account or bank statements provided by the assessee. The Tribunal criticized the assessing authority's method of determining the cash deficit, creating a legal issue over the assessment.

Issue 8: Disallowance of amounts deposited by cheques
The Tribunal also addressed the disallowance of amounts deposited by cheques, noting the assessee's failure to explain the deposits adequately. The Tribunal's decision highlighted the lack of proper material provided, leading to a legal dispute over the deposited amounts.

In conclusion, the High Court dismissed the appeal filed by the revenue, emphasizing the acceptance of the Remand Report by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal. The Court found no merit in the appeal due to the acceptance of certain aspects based on the Remand Report, rendering the appeal not maintainable under the prescribed monetary limit.