2003 (2) TMI 161 - AT - Income Tax

Summary

Issues Involved:
1. Valuation of property as on 1st April, 1981, for computing long-term capital gains.
2. Deduction of Rs. 10 lakhs claimed by the assessee u/s 54 of the IT Act, 1961.

Summary:

Issue 1: Valuation of Property as on 1st April, 1981

The assessee, replacing her late husband, sold a residential property and declared long-term capital gains. The AO rejected the assessee's valuation of the land at Rs. 37,50,000 as on 1st April, 1981, supported by a registered valuer's report, and instead valued it at Rs. 4,000 per sq. yd. The CIT(A) found the AO's valuation excessive and directed the AO to adopt Rs. 2,100 per sq. yd. The assessee appealed, arguing that the CIT(A) erred in law by referring the valuation to the Chief Engineer (Valuation), IT Department, New Delhi, and not considering the registered valuer's report. The Tribunal found that the CIT(A) substituted facts with personal knowledge and failed to provide the assessee an opportunity to object. The Tribunal held that the AO and CIT(A) erred in their conclusions and directed the AO to adopt a value of Rs. 10,500 per sq. yd. for the land and Rs. 4,67,400 for the structure.

Issue 2: Deduction of Rs. 10 Lakhs u/s 54

The AO declined the assessee's claim for deduction of Rs. 10 lakhs u/s 54F, stating it was applicable only for long-term capital assets other than a residential house. The CIT(A) found the deduction available u/s 54 and directed the AO to allow it. The Tribunal upheld this direction, stating that the deduction should not be denied merely because the assessee quoted the wrong section. The AO was directed to allow the deduction of Rs. 10 lakhs u/s 54 and accept the return filed by the assessee.

Conclusion:

The appeal filed by the assessee is partly allowed. The AO is directed to value the land at Rs. 10,500 per sq. yd., the structure at Rs. 4,67,400, and allow the deduction of Rs. 10 lakhs u/s 54 of the IT Act, 1961.