Conversion of capital assets under joint development requires proof; flats transferred without payment do not yield business income.
Section 45(2) applies only when an owner converts a capital asset into, or treats it as, stock-in-trade of a business carried on by that owner. Entering a joint development agreement under which another party undertakes development does not, without evidence of conversion or real-estate business, alter the land's capital-asset character; the long-term capital-gains addition was therefore deleted. Business-income treatment of flats transferred to a spouse requires proof of a sale for actual consideration. Unrebutted affidavit and bank evidence of non-payment outweigh a sale-deed recital or value stated for duty purposes, so no taxable business income arose and the addition was deleted.
Issues: (i) Whether entry into a joint development agreement established conversion of the land from a capital asset into stock-in-trade so as to attract Section 45(2) of the Income-tax Act, 1961 and tax long-term capital gains; (ii) Whether transfer of flats by the assessee to his wife, without actual receipt of consideration, could be assessed as business income.
Issue (i): Whether entry into a joint development agreement established conversion of the land from a capital asset into stock-in-trade so as to attract Section 45(2) of the Income-tax Act, 1961 and tax long-term capital gains
Analysis: Section 45(2) applies only where a capital asset is converted by its owner into, or treated as, stock-in-trade of a business carried on by that owner. The assessee was not engaged in real-estate business, and execution of a joint development agreement, under which development was undertaken by another party, did not by itself establish conversion of the land into stock-in-trade. No evidence proving such conversion was shown.
Conclusion: Section 45(2) was inapplicable and the long-term capital-gains addition was deleted, in favour of the assessee.
Issue (ii): Whether transfer of flats by the assessee to his wife, without actual receipt of consideration, could be assessed as business income
Analysis: Assessment as business income required proof of a sale involving actual consideration. The wife's affidavit and bank statements showed absence of payment, and that evidence remained unrebutted. A sale-deed recital or stated value for duty purposes, without actual payment, was insufficient to establish a sale generating business income.
Conclusion: The transfer was not a sale giving rise to business income and the business-income addition was deleted, in favour of the assessee.
Final Conclusion: The land retained its character as a capital asset, and the transfer of flats without actual consideration could not generate taxable business income.