Tribunal corrects capital gains calculation error in widow's appeal, emphasizing actual income received.

Ms. Virmati H Dalal (Deceased) Versus Income Tax Officer-Ward 24 (2) (4), Mumbai

Ms. Virmati H Dalal (Deceased) Versus Income Tax Officer-Ward 24 (2) (4), Mumbai - [2015] 38 ITR (Trib) 72 (ITAT [Mum]) Issues:
Calculation of capital gains based on gross figures rather than actual income received by the assessee.

Analysis:
The appeal was filed against the Commissioner of Income-tax (Appeals) decision to confirm the order of the Income-tax Officer regarding the computation of capital gains. The appellant argued that the power of attorney executed in favor of Mr. Laxman Pagare, retaining 40% of the sale proceeds, should be considered as expenditure incurred wholly and exclusively in connection with the transfer. The appellant contended that the payment to Mr. Laxman Pagare was for obtaining marketable title for the sale of property, as the property was unsaleable due to encroachment. The Assessing Officer computed capital gains based on gross figures of sale proceeds, while the appellant declared capital gains based on the actual income received. The Commissioner of Income-tax (Appeals) upheld the Assessing Officer's view, leading to the appeal before the Income-tax Appellate Tribunal.

The facts revealed that the appellant, a widow, and her daughter owned land parcels encroached by residents. They gave power of attorney to Mr. Laxman Pagare, agreeing to split sale proceeds with him. The appellant declared capital gains based on the income actually received, while the authorities computed it on gross figures. The authorized representative argued that the appellant should only be taxed on the income accrued to her, as Mr. Laxman Pagare received 40% of the sale proceeds. The Tribunal noted that the Revenue authorities failed to consider the assessment status of Mr. Laxman Pagare and the appellant's daughter. As the daughter's income was accepted based on the actual share received, adding back the remaining 20% to equate to 50% of gross proceeds was deemed incorrect. The Tribunal directed the Assessing Officer to delete the addition made and compute the capital gains as declared by the appellant.

In conclusion, the Tribunal set aside the Commissioner of Income-tax (Appeals) order, allowing the appeal filed by the appellant. The decision was based on the incorrect computation of capital gains by the Revenue authorities, who failed to consider the actual income received by the appellant and the legal agreement with Mr. Laxman Pagare. The Tribunal emphasized that the appellant should only be taxed on the income accrued to her, as per the legal arrangement, and not on the gross figures of the sale proceeds.