Harshadkumar Hargovandas Patel. v. ITO (2025) 215 ITD 374 (Ahd) (Trib.)

S. 48: Capital gains-Mode of Computation-Reference to valuation officer (FMV)-FMV of property as on 1-4-1981-Valuation report prepared by a Government-approved registered valuer-Matter was to be remanded back to file of Assessing Officer with a direction to refer valuation of property as on 1-4-1981 to DVO as per specific request of assessee, and thereafter, re-compute long-term capital gain-Cost of improvement expenses-Matter remanded for fresh examination-Full value of consideration-Stamp valuation-Matter concerning correct sale consideration required de novo consideration and was to be restored to Assessing Officer.[S. 45, 50C, 55A, 131, 133(6), 154]

Assessee adopted FMV of property as on 1-4-1981 based on a detailed valuation report prepared by a Government-approved registered valuer. Tribunal held that the value of FMV adopted by registered valuer had no legs to stand on, the matter was remanded back to the file of the Assessing Officer with a direction to refer valuation of the property as on 1-4-1981 to DVO as per the specific request of assessee, and thereafter, recompute long-term capital gain. Assessee claimed deduction towards cost of improvement and transfer expenses while computing capital gain on sale of property; however, Assessing Officer disallowed the same on the ground that bills furnished by assessee were handwritten, lacked necessary details, and pertained to a period prior to purchase of property. Tribunal held that since authorities below had not made any independent verification of evidence furnished by assessee and proceeded to make addition solely based on assumptions, matter was  remanded for fresh examination. Held that the  Assessing Officer passed order under section 154 adopting stamp duty value as sale consideration under section 50C for computation of STCG but computation of cost of acquisition was to be adjudicated. The Tribunal held that the entire matter concerning the correct sale consideration required de novo consideration and restored to the Assessing Officer. (AY. 2013-14)

Leave a Reply

Your email address will not be published. Required fields are marked *

*