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of <h1>Appeal Success: Industrial Shed Deemed Long-Term Capital Asset Held Since 1994; Impact on Tax Calculations Confirmed.</h1> <h3>Jitendra Mohan Versus Income-tax Officer, Ward 28 (2), New Delhi</h3> Jitendra Mohan Versus Income-tax Officer, Ward 28 (2), New Delhi - [2007] 11 SOT 594 (DELHI) Issues Involved:1. Calculation of long-term capital loss and confirmation of short-term capital gains.2. Determination of whether the allotment letter and the shed constitute 'Capital Assets' under section 2(14).3. Determination of the material date for computing long-term capital gains.Detailed Analysis:1. Calculation of Long-Term Capital Loss and Confirmation of Short-Term Capital Gains:The assessee challenged the CIT(A)'s decision that the long-term capital loss was incorrectly calculated at Rs. 2,50,000/- and the short-term capital gains were confirmed at Rs. 2,95,807/-. The core issue revolved around whether the profit/loss from the sale of the industrial shed was a long-term or short-term capital gain/loss. The assessee argued that the industrial shed should be considered as held from 8-7-1994, the date of allotment by DSIDC. However, the Assessing Officer contended that the shed was held for less than 36 months, making it a short-term capital gain. The CIT(A) upheld this view, noting that the shed was provisionally allotted and possession was granted only after all conditions were met and instalments paid.2. Determination of Whether the Allotment Letter and the Shed Constitute 'Capital Assets' Under Section 2(14):The assessee received an allotment letter on 8-7-1994, and Shed No. D-13 was allotted on 27-8-1996, subject to payment of dues. The Assessing Officer and CIT(A) concluded that the shed was held from the date of possession (18-5-1998), not from the allotment date, thus treating it as a short-term asset. The Tribunal examined sections 2(14), 2(42A), 2(42B), and 2(47) of the Income-tax Act, 1961, and relevant case laws. It was determined that the word 'property' in section 2(14) has a broad meaning, including any right that can be considered property. Therefore, the right to the shed, acquired through instalment payments starting from 28-12-1994, constituted a 'capital asset.'3. Determination of the Material Date for Computing Long-Term Capital Gains:The Tribunal considered whether the assessee held any property right in the shed on the allotment date (8-7-1994) or when the first significant instalment was paid (28-12-1994). The assessee argued that the property right was held from 28-12-1994, making it a long-term capital asset. The Tribunal agreed, referencing various case laws, including the Supreme Court's definition of 'property' as any possible interest a person holds or enjoys. The Tribunal concluded that the shed was held from 28-12-1994, when the first instalment was paid, thus qualifying as a long-term capital asset. Consequently, the sale on 15-12-2000, after more than 36 months, resulted in a long-term capital loss/gain.Conclusion:The Tribunal set aside the orders of the tax authorities, allowing the appeal by the assessee. The industrial shed was deemed a long-term capital asset held from 28-12-1994, and the resulting loss/gain from its sale was treated as long-term capital loss/gain. The appeal filed by the assessee was allowed.
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