Gurdev Singh v. ITO (2019) 177 DTR 267 / 199 TTJ 535 (Asr.)(Trib.)

S. 56 : Income from other sources-Immovable property-Power of attorney executed in assesses favour-Assessee transferred full rights in respect of a plot without any consideration–Power of attorney was executed to maintain the property–N o transfer of property. [S. 56(2)(vii)(b)]

A Power of Attorney was executed by Smt. Harsharan Kaur, in assessee’s favour. The assessee transferred full rights in respect of a plot without any monetary consideration to one Sh. Deepak Pal Singh. The Ld. AO held that value of said plot equal to stamp duty value was chargeable to tax as “income from other sources” u/s 56(2)(vii)(b) and made additions accordingly. The Ld. CIT(A) observed that the assessee was given a general POA duly registered with the Registrar. Therefore, the assessee had acquired various rights including the right to sell. The  Tribunal held that a general Power of Attorney was given to assessee to maintain property, it could not be said that assessee had received property and was liable to pay tax on stamp duty value of said property, and hence would not give right to assessee in his individual capacity to acquire any right, title or interest in property. A power of attorney was not an instrument of transfer in regard to any right, title or interest in an immovable property and accordingly deleted the addition. (AY. 2010-11)