1980 (9) TMI 50 - HC - Income Tax

Tribunal upholds belting method, declares acquisition invalid, stresses evidence necessity

The Tribunal dismissed the appeals, upholding its decision favoring the belting method for property valuation, declaring the acquisition proceedings ... Business Profits, Precedents Issues Involved:1. Valuation Method for Property2. Legality of Acquisition Proceedings3. Competent Authority's Presumptions and Beliefs4. Comparability of Transactions5. Procedural Validity of NoticesDetailed Analysis:1. Valuation Method for Property:The main dispute centered around whether the property should be valued at a uniform rate or using the 'belting method.' The Tribunal found that the belting method was appropriate for determining the market value of the property, rejecting the Valuation Officer's opinion that this method was obsolete. It was noted that the Competent Authority did not dispute the width of the various belts adopted by M/s. Talbot & Co. The Tribunal upheld the valuation by M/s. Talbot & Co., which was based on the belting method, as it was consistent with the observations in 'Principles and Practice of Valuation' by Parks and supported by the Supreme Court's decision in Mathura Prosad Rajgharia v. State of West Bengal, AIR 1971 SC 465.2. Legality of Acquisition Proceedings:The Tribunal held that the initiation of the acquisition proceedings was invalid, drawing on the decision in Smt. Bani Roy Chowdhury v. Competent Authority, IAC [1978] 112 ITR 111 (Cal) and U. S. Awasthi v. IAC [1977] 107 ITR 796 (All). The Tribunal concluded that the Competent Authority had not properly considered the objections and had proceeded based on mere suspicion and assumption. The proceedings were deemed bad in law as the Competent Authority had not formed the requisite belief that the consideration was understated with the object of tax evasion or concealment of income/assets.3. Competent Authority's Presumptions and Beliefs:The Competent Authority had drawn presumptions under s. 269C(2) that the consideration was not truly stated with the object of tax evasion or concealment. However, the Tribunal found that such presumptions could not be drawn at the stage of initiating proceedings. The Tribunal emphasized that the Competent Authority must have material to believe that the fair market value exceeded the apparent consideration by the prescribed percentage and that the consideration was understated with the object of evasion or concealment. The Tribunal held that the Competent Authority's reliance solely on the Valuation Officer's report was insufficient for initiating proceedings.4. Comparability of Transactions:The Tribunal examined comparable transactions in the area and found that the Competent Authority had not properly considered these transactions. The Tribunal noted that the Competent Authority had ignored an earlier transaction in respect of premises No. 11, Gurusaday Road, and had not considered the presence of substantial residential buildings in some of the comparable properties. The Tribunal concluded that the Competent Authority's findings on the appreciation of land value were not supported by sufficient evidence.5. Procedural Validity of Notices:The Tribunal addressed the issue of the procedural validity of the notice under s. 269D. The Tribunal found that the notice was issued but not properly published in the Official Gazette within the stipulated time. This procedural lapse further invalidated the initiation of the acquisition proceedings. The Tribunal emphasized that the publication of the notice in the Official Gazette was a mandatory requirement for the validity of the proceedings.Conclusion:The appeals were dismissed, and the Tribunal's decision to allow the appeals was upheld. The Tribunal's findings on the appropriateness of the belting method, the invalidity of the acquisition proceedings, and the procedural lapses in issuing the notice were affirmed. The revenue's contentions were rejected, and the Tribunal's judgment was found to be consistent with the legal principles and precedents cited.