2020 (12) TMI 23 - HC - Income Tax

Short term capital computation - Disallowance of cost of acquisition - tribunal denying the capitalization of the interest on borrowed funds - purchase consideration and utilization of borrowed funds - HELD THAT - Tribunal has agreed with the findings recorded by the Assessing Officer and has held that the Assessing Officer has rightly not granted the benefit of ₹ 50,00,000/- to the assessee towards cost of acquisition. It has further been held that there is no direct nexus between the loans advanced to the assessee by Dr.Manjunath and investment made by the assessee in the property in the same year and the money has been repaid to Dr.Y.S.Manjunath prior to sale of the property. The tribunal has therefore held that the amount of ₹ 7,00,000/- cannot be included in the cost of acquisition. The findings recorded by the tribunal are based on meticulous appreciation of evidence on record which by no stretch of imagination can be said to be perverse. Even otherwise, the matter stands concluded against the assessee by findings of fact, which are based on meticulous appreciation of evidence on record. The findings of fact do not suffer from any perversity warranting interference of this court in exercise of powers under Section 260A

Summary

Issues:
1. Consideration of amount as part of cost of acquisition
2. Capitalization of interest on borrowed funds
3. Perversity in tribunal's findings

Consideration of amount as part of cost of acquisition:
The appeal involved the assessment year 2009-10 and focused on whether the Tribunal was correct in not considering a specific amount as part of the cost of acquisition. The appellant argued that there was evidence to support the inclusion of the amount in question, citing documents and agreements. However, the revenue contended that the appellant was trying to adjust the amount from unaccounted cash seized from him. The court analyzed the details of payments provided by the assessee and noted discrepancies in the amounts mentioned. The Assessing Officer found no concrete evidence to support the appellant's claim, leading to the addition of the disputed amount to the assessee's income. The tribunal upheld the Assessing Officer's decision, concluding that there was no direct link between the borrowed funds and the property investment, and the findings were based on careful consideration of the evidence.

Capitalization of interest on borrowed funds:
Another issue raised was the denial of capitalization of interest on borrowed funds for the property purchase. The appellant argued that there was an oral agreement for borrowing and payment of interest, which should be considered. However, the tribunal found no conclusive proof of the borrowing accrual for property acquisition and noted that the money was repaid before the property sale. The tribunal agreed with the Assessing Officer's decision to disallow the claimed amount as expenses under short-term capital gains. The court upheld the tribunal's findings, emphasizing the lack of a direct connection between the loans and the property investment.

Perversity in tribunal's findings:
The appellant contended that the tribunal's findings were perverse, citing various legal precedents to support their argument. However, the court held that the tribunal's conclusions were based on a meticulous evaluation of the evidence and were not deemed perverse. The court emphasized that the findings were conclusive against the appellant and did not warrant interference. Ultimately, the court ruled against the appellant on all substantial questions of law, leading to the dismissal of the appeal.

In conclusion, the judgment addressed multiple issues related to the cost of acquisition, capitalization of interest, and the validity of tribunal findings. The court's detailed analysis and reliance on evidence led to a decision unfavorable to the appellant, resulting in the dismissal of the appeal.