The ITAT Visakhapatnam dealt with a revision u/s 263 regarding ...

CIT has erred while invoking the powers of revision u/s. 263 - Issues involved: Sale of Residential Property, Capital Gains Computation, JDA, Land & Building Appropriation.

Case Laws     Income Tax

May 30, 2024

The ITAT Visakhapatnam dealt with a revision u/s 263 regarding the treatment of a residential property sale as short-term or long-term capital asset. The dispute centered on the appropriation between land and building for capital gains computation under a Joint Development Agreement (JDA). The CIT considered the asset as short-term, disallowing deduction u/s 54EC. The ITAT held that the property was incomplete until possession in Feb 2011, emphasizing the necessity of owning both land and building components in such transactions. It highlighted the importance of bifurcating undivided share of land and built-up area for capital gains computation. The ITAT stressed the need for appropriate documentation to claim indexed cost of improvement and discussed the method of appropriating sale consideration for land and building under section 50C. The ITAT concluded that the CIT erred in not considering the appropriation between land and building, directing the AO to re-examine the issue.

View Source