2020 (1) TMI 1359 - AT - Income Tax

Tribunal Rules for Assessee: Pre-Amended Tax Provisions to Apply, Directs Deletion of Additions and Limits Interest Levy.

The Tribunal ruled in favor of the assessee on both issues. It determined that the pre-amended provisions of Section 56(2)(vii)(b) of the Income Tax Act ... Applicability of amended provisions of Section 56(2)(vii)(b) - under-valuation in the purchase price of the property qua stamp duty valuation and applied provisions of Section 56(2)(vii)(b) of the Act and worked out the adjusted purchase consideration - HELD THAT:- It is not in dispute that purchase transactions of immovable property were carried out in FY 2011-12 for which full consideration was also parted with the seller. Mere registration at later date would not cover a transaction already executed in the earlier years and substantial obligations have already been discharged and a substantive right has accrued to the assessee therefrom. The pre-amended provisions will thus apply and therefore the Revenue is debarred to cover the transactions where inadequacy in purchase consideration is alleged. We thus find merit in the issue raised on behalf of the assessee. The order of the CIT(A) is accordingly set aside and the AO is directed to delete the additions made under s. 56(2)(vii)(b) of the Act and restore the position claimed by the assessee. Chargeability of interest u/s 234B on additions made - HELD THAT:- As relying on M/s. Anand Vihar Construction Pvt. Ltd.[2018 (11) TMI 1738 - ITAT RANCHI] Interest under s.234A & 234B of the Act is chargeable with reference to returned income only, we are inclined to adjudicate the legal objection raised by way of additional ground in favour of the assessee. Issues:1. Applicability of amended provisions of Section 56(2)(vii)(b) of the Income Tax Act.2. Chargeability of interest under s.234B of the Income Tax Act on additions made.Analysis:Issue 1: Applicability of amended provisions of Section 56(2)(vii)(b) of the Income Tax ActThe appeal was filed against the order of the Commissioner of Income Tax (Appeals) concerning the assessment order passed by the Assessing Officer under s. 143(3) of the Income Tax Act for AY 2014-15. The assessee raised two main grievances: the applicability of amended provisions of Section 56(2)(vii)(b) and the chargeability of interest under s.234B. The dispute arose from the alleged under-valuation in the purchase price of an immovable property, triggering the provisions of Section 56(2)(vii)(b) as per the AO's assessment. The CIT(A) upheld the AO's decision, leading to the appeal before the Tribunal.Upon careful consideration, the Tribunal analyzed the pre-amended and amended provisions of Section 56(2)(vii)(b) to determine their applicability to the case. The amended provision expanded the scope to cover purchase of immovable property for inadequate consideration. The Revenue argued that the amended provision applied since registration occurred during FY 2013-14. In contrast, the assessee contended that the pre-amended provision should apply as the agreement for purchase was made in FY 2011-12, before the new law came into effect.The Tribunal found merit in the assessee's argument, emphasizing that the substantial obligations had been discharged in FY 2011-12, and the pre-amended provisions should govern the transaction. Consequently, the Tribunal set aside the CIT(A)'s order and directed the AO to delete the additions made under s. 56(2)(vii)(b) of the Act, in favor of the assessee.Issue 2: Chargeability of interest under s.234B of the Income Tax ActRegarding the chargeability of interest under s.234B, the Tribunal referred to a similar issue addressed by a co-ordinate bench of ITAT in a previous case. Citing relevant legal precedents, including a decision by the jurisdictional High Court, the Tribunal concluded that interest under s.234A & 234B should be levied based on the total income declared in the returns, not on the income assessed and determined by the AO. In alignment with this legal position, the Tribunal allowed the second issue concerning the chargeability of interest under s.234B in favor of the assessee.In conclusion, the Tribunal allowed the appeal filed by the assessee, ruling in favor of the assessee on both issues raised in the appeal.This comprehensive analysis of the judgment highlights the legal intricacies involved in the interpretation and application of tax laws, providing a detailed overview of the Tribunal's decision on each issue presented in the appeal.