2014 (12) TMI 1066 - HC - Income Tax

High Court overturns Tax Tribunal decision, orders fresh hearing on flat sale income.

Dr. Ajit T. Kossambe Versus Commissioner of Income Tax

The High Court of Bombay quashed the order of the Income Tax Appellate Tribunal and remanded the case for a fresh hearing. The Court found that the ... Application of mind by Tribunal - Amount received as part payment of consideration for sale or flat or not - Whether the Authorities below erred in law to utterly ignore the well-evidenced fact that during the AY 2000-2001, the appellant had received a sum of ₹ 2,90,000/- towards part payment of consideration for the sale of his flat – Held that:- There is no application of mind by the authorities below on the aspect that a sum of ₹ 2,90,000/- was in fact received by the assessee in the financial year ending on 31/3/2000 towards part of the consideration for the sale of the old flat by minutely examining the effect thereof while passing the orders - The authorities have failed to examine the aspect, and as such, they were not justified to come to the conclusion that the addition of ₹ 2,66,000/- is to be effected - revenue was unable to point out that the material pointed out by Shri Usgaonkar – thus, the matter is to be remitted back to the Tribunal for fresh decision – Decided in favour of assessee. Issues involved:1. Interpretation of tax assessment related to the receipt of part payment for the sale of a flat during the assessment year 2000-2001.Analysis:The judgment by the High Court of Bombay involved a substantial question of law regarding the tax assessment of a taxpayer who had received a sum of Rs. 2,90,000 as part payment for the sale of a flat during the assessment year 2000-2001. The appellant contended that the Assessment Officer had made an additional assessment of Rs. 2,66,000, which was not related to the concerned assessment year. The Commissioner of Income Tax (Appeals) remanded the matter back to the Assessment Officer for reconsideration. The appellant argued that the sum of Rs. 2,90,000 was part of the consideration received for the flat sale and provided explanations and evidence to support this claim. However, both the Assessment Officer and the Income Tax Appellate Tribunal failed to consider this crucial aspect while passing their orders.The respondent, represented by counsel, opposed the appellant's claims and supported the impugned order. The respondent highlighted discrepancies in the appellant's explanations, particularly regarding the receipt of Rs. 1.00 lakh in the previous financial year and the lack of evidence supporting the receipt of Rs. 2,90,000 as part of the flat sale consideration for the financial year ending 31/3/2000.Upon careful consideration of the submissions and a review of the lower authorities' orders, the High Court observed that there was a failure to address the fact that the appellant had indeed received Rs. 2,90,000 in the financial year ending on 31/3/2000 as part of the flat sale consideration. The Court concluded that the authorities did not adequately examine this crucial aspect and therefore were not justified in making the additional assessment of Rs. 2,66,000. Consequently, the Court decided to remand the matter back to the Income Tax Appellate Tribunal for a fresh decision in accordance with the law.In the final order, the High Court quashed the impugned order of the Income Tax Appellate Tribunal and directed a fresh hearing of the appeal. The Court kept all the rival contentions of the parties on merits open for further consideration by the Tribunal. The judgment emphasized the importance of a thorough examination of all relevant facts and evidence in tax assessment matters to ensure a just and lawful decision.