2022 (11) TMI 1289 - AT - Income Tax

Addition u/s 43CA - substantial difference between the market value and the agreement value in respect of some immovable property sold - assessee-company entered into this transaction of cancellation of earlier purchase transactions - HELD THAT - Sec. 43CA is applicable in the case of transfer of property in addition to other ingredients of the section. In this case what we observed assessee-company inadvertently entered into a transaction of purchase of agricultural land, which was void ab-initio. It means assessee was never a lawful owner of the said agricultural land as mentioned supra. When assessee is not an owner of any asset, there can t be any question of transferring the same to someone else whether provisions of sec 43CA is complied with or not will be a secondary issue. In this case assessee-company simply rectified its earlier mistake to safe-guard the financial interest of the company and to come out an unlawful transaction entered earlier. For ready reference we are reproducing herein below the relevant provisions of Maharashtra Tenancy and Agricultural Lands Act 1948 along with relevant provision of contract Act and Transfer of Property Act. In view of the above action of AO in applying sec 43CA On the given facts of case was unlawful. AO and Ld. CIT(A) committed a mistake by ignoring the facts of the case and provisions of other civil laws applicable in the present case. In our considered opinion assessee being party of cancellation deed, do not tantamount to entering the transaction of sale /transfer. In absence of element of transfer sec 43CA can t be applied. We therefore direct the AO to delete the addition to be deleted with consequential reliefs. Appeal filed by the assessee is allowed.

Summary

Issues Involved:
1. Application of Section 43CA of the Income Tax Act, 1961.
2. Legality of Cancellation Deeds under the Transfer of Property Act, 1882, and the Indian Contract Act, 1872.
3. Compliance with the Maharashtra Tenancy and Agricultural Lands Act, 1948.

Issue-wise Detailed Analysis:

1. Application of Section 43CA of the Income Tax Act, 1961:
The primary issue was whether the addition of Rs. 4,52,40,600/- made by invoking Section 43CA of the Act was justified. The assessee argued that the Cancellation Deeds did not involve any "transfer" as envisaged under Section 43CA since the earlier purchase transactions were ab initio void and illegal. The assessee maintained that the transactions appearing in the AIR were Cancellation Deeds, not actual sales, and therefore, the provisions of Section 43CA were not applicable. The Tribunal observed that the assessee-company had entered into an agreement to purchase agricultural plots but later canceled these agreements due to legal restrictions on owning agricultural land. The Tribunal concluded that since the assessee was never a lawful owner of the agricultural land, there could be no question of transferring the same to someone else, and thus, Section 43CA could not be applied.

2. Legality of Cancellation Deeds under the Transfer of Property Act, 1882, and the Indian Contract Act, 1872:
The assessee contended that the Cancellation Deeds were executed to nullify the earlier void transactions and were not sales. The Tribunal noted that both the Sale Deeds and the Cancellation Deeds were duly registered and notarized. The Tribunal emphasized that the Cancellation Deeds were executed to reverse the earlier purchase transactions, which were void ab initio due to legal restrictions on the purchase of agricultural land by non-agriculturists. The Tribunal cited relevant provisions of the Transfer of Property Act and the Indian Contract Act, which prohibit transfers that are unlawful or contrary to statutory provisions. The Tribunal concluded that the Cancellation Deeds were not transfers but were executed to rectify the earlier unlawful transactions.

3. Compliance with the Maharashtra Tenancy and Agricultural Lands Act, 1948:
The Tribunal examined the provisions of Section 63(1) of the Maharashtra Tenancy and Agricultural Lands Act, which prohibits the sale of agricultural land to non-agriculturists. The Tribunal noted that the assessee, being a company and not an agriculturist, was legally disqualified from purchasing agricultural land. Consequently, the original purchase transactions were void in law, and the assessee could not legally transfer any title to the land. The Tribunal concluded that the Cancellation Deeds were executed to comply with the legal requirement of reversing the void transactions and did not constitute transfers under Section 43CA.

Conclusion:
The Tribunal held that the action of the AO in applying Section 43CA was unlawful as the assessee was not a lawful owner of the agricultural land and the Cancellation Deeds did not constitute transfers. The Tribunal directed the AO to delete the addition of Rs. 4,52,40,600/- and allowed the appeal filed by the assessee. The judgment emphasized the importance of considering the legal context and compliance with relevant civil laws when applying tax provisions.