2013 (5) TMI 915 - AT - Income Tax

Tribunal upholds assessee's appeal, rejects Revenue's claims on LTCG, property valuation, and business expenditure

DCIT, Cir. 9 Surat Versus The Surat Dist. Co-op. Spinning Mills Ltd.

The Tribunal dismissed the appeals of the Revenue and the CO of the assessee, confirming the CIT(A)'s orders on the issues related to the deletion of ... - Issues involved: The judgment involves issues related to the deletion of addition made by the Assessing Officer (AO) on account of Long Term Capital Gain, application of the decision in K.P. Varghese case, valuation of property, deductibility of business expenditure, and the continuation of business activities.Deletion of Addition on Long Term Capital Gain: The Revenue appealed against the deletion of additions made by the AO for the assessment years 2003-2004 and 2004-2005. The Revenue argued that the CIT(A) erred in deleting the additions without appreciating the valuation made by the department's valuer. The Revenue contended that the onus was on the Revenue to prove additional consideration received by the assessee, but no evidence was brought forward. The Tribunal found in favor of the assessee, citing previous decisions in the assessee's favor for subsequent assessment years, and dismissed the Revenue's appeal.Valuation of Property and Application of K.P. Varghese Case: The Revenue argued that the CIT(A) wrongly applied the decision in K.P. Varghese case, as the relevant provision had been deleted from the statute. The Revenue referred the matter to the Departmental Valuation Officer, but no valuation report was submitted due to non-cooperation from the assessee. The assessee contended that the Revenue failed to provide evidence of understated consideration. The Tribunal upheld the CIT(A)'s decision, emphasizing the absence of material to suggest understatement of consideration, and ruled in favor of the assessee.Deductibility of Business Expenditure: The CO by the assessee challenged the CIT(A)'s decision regarding the deductibility of business expenditure. The assessee argued that the expenses should be allowed as deductible under 'Business Income.' The Tribunal noted a complete stoppage of business from 1999 to 2007, and upheld the CIT(A)'s decision to disallow the expenses claimed by the assessee.Conclusion: The Tribunal dismissed the appeals of the Revenue and the CO of the assessee, confirming the CIT(A)'s orders on the issues discussed.