TaxTMI 
TaxTMI 
2004 (4) TMI 518
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....t transfer of property to Mr. Kaushik Chheda was valid transfer since the property all along actually belonged to Mr. Kaushik Chheda." 3. Brief facts of this case are that the assessee filed its return of income for the assessment year on 12-11-1992 declaring income at Rs. 12,350. This case was selected for scrutiny. The Assessing Officer issued notices under sections 143(2) and 142(1). The assessee was asked to produce the books of account. The assessee failed to produce the same before the Assessing Officer. During the course of assessment proceedings, the Assessing Officer found that the land acquired by the assessee has not been reflected in the balance sheet for the assessment years 1990-91 to 1993-94. On being enquired about the discrepancy by the Assessing Officer, the assessee contended that the said land has been acquired by the brother of the assessee, Shri Nemchand V. Chheda, through his proprietary concern, Jain Sugar Company for a consideration of Rs. 6,14,900. This had been disclosed by him in his wealth tax returns filed year after year. On 15-4-1993, i.e., relevant to the assessment year 1994-95, Shri Nemchand V. Chheda had executed a deed of assignment in favour o....
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....he assessment under section 143(3), wherein, after enclosing therewith the assessment order for the assessment year 1992-93, he made the addition of Rs. 16,17,710 being profit from construction. The Assessing Officer in the assessment order has mentioned that he has discussed the reasons for making the addition in the assessment order for the assessment year 1992-93 and which is part of the assessment order for the assessment year 1993-94. 6. Against the addition of Rs. 16,17,710 made by the Assessing Officer, the assessee preferred an appeal before the ld. CIT(A) and the CIT(A) in his order for the assessment year 1993-94 held that M/s. Jain Sugar Co. was not a proprietary concern of Shri Nemchand, the brother of the assessee during the relevant period. The ld. CIT(A) also held that it is not a case of signing on application made to CIDCO by the assessee, by mistake, as the representative of the assessee made the CIT(A)-XXVII to believe. The ld. CIT(A) in the assessment year 1993-94 took the view that documents filed along with the return by the assessee for the assessment year 1994-95, prove beyond doubt that M/s. Jain Sugar Company was a proprietary concern of the assessee and ....
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....r book. The ld. counsel for the assessee submitted that the brother of the assessee. Sh. Nemchand Chheda filed the wealth-tax returns on 21-10-1991, wherein, he has declared capital balance with Jain Sugar Co. amounting to Rs. 6,14,900. The land in question which is the subject-matter of dispute is duly reflected by Shri Nemchand Chheda in his wealth-tax returns in his proprietorship concern namely, Jain Sugar Co. Similar is the position for the assessment year 1992-93 and wealth-tax returns for this year was filed on 17-11-1992, wherein also, the assessee has duly reflected the capital balance with Jain Sugar Co. The ld. counsel for the assessee submitted that it is pertinent to note that only assets owned by Jain Sugar Co. is the land in question, which belongs to the brother of the assessee and not the assessee which is evident from the Wealth Tax Return filed by brother of the assessee. 9. Explaining the concept of Benami vs. Real owner, the Counsel of the assessee submitted that the income from house property is chargeable to tax in the hands of the owner of the property. In the case of benami transactions the property stands in the name of the benami whereas the real owner i....
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....en attract tax under the head 'Capital gain' within the meaning of section 45 of the Income-tax Act, 1961 payable by Shri Nemchand V. Chheda. Accordingly, the assignor Shri Nemchand Chheda himself offered capital gains, arising on transfer of capital asset in terms of the assignment deed referred to above (as executed between the Nemchand V. Chheda as assignor and Kaushik V. Chheda as assignee) for taxation in the return filed by him voluntarily for the assessment year 1994-95. In the said return, working of capital gain arising on transfer of plot of land from Shri Nemchand Chheda to the assessee was given in the following manner :-- Shri Nemchand Chheda Taking of long-term capital gain/loss for the year ended as on 31st March, 1994 Rs. Rs. I. On sale of Jewellery Sales price of 227.200 gms. 74,976 Less : Cost as on 1-4-1981 37,942 Indexed cost 37,942 × 244 100 92,578 Long-term capital loss (-) 17,602 II. On Sale of Plot at Parshik Hill Sales price of plot 26,00,000 Less : Cost as on 68,755 Indexed cost 244 × 6,58,755 100 11,48,113 14,51,885 Taxable Capital Gain 14,34,283 12. The ld. counsel for the assessee submitted that as per the a....
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.... is a person who is entitled to receive income from the property in his own right." 15. The counsel of the assessee submitted that the ld. CIT(A) in his order for the assessment year 1992-93, after appreciating the conspicuous facts of the case came to the conclusion that vide agreement dated 19-4-1993, the land in question was assigned to the assessee. The ld. CIT(A) also stated that why the assessee entered into the agreement with the prospective buyers can be resolved in the light of the fact that the assessee had by mistake signed the application and other documents, viz., lease agreement with CIDCO and possession receipt. However, there can be no doubt, whatsoever, about the fact that allotment was made in the name of Jain Sugar Co., which is the proprietary concern of Shri Nemchand V. Chheda and not of the assessee because the consideration was paid by Shri Nemchand Chheda. Assessee became the owner on 15-4-1993, shown the profits on sale of Flats constructed, in assessment year 1994-95 on Project Completion Method. 16. The counsel of the assessee submitted that in the impugned order for the assessment year 1993-94, the CIT(A) has not followed his order for the assessment y....
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....of wealth for assessment year 1991-92 was filed by brother of the assessee on 21-10-1991 wherein brother of the assessee duly reflected the capital balance with Jain Sugar Co. and for the assessment year 1992-93, brother of the assessee filed the return of income on 17-11-1992 wherein also the capital balance with Jain Sugar Co. has been duly reflected. It is pertinent to note that only asset held by Jain Sugar Co. is the land in question which belonged to the brother of the assessee and not the assessee which is evident from Wealth-tax Return furnished by brother of the assessee. 20. It is also pertinent to note that under the Income-tax Act, real owner is liable to pay taxes on income of property which belonged to real owner. The land in question was assigned by brother of assessee in favour of the assessee on 18-4-1993 relevant to the assessment year 1994-95 when brother of assessee executed the deed of assignment in favour of assessee. It is only from this date, the assessee became the owner and has also declared the profit on sale of flat constructed on the land in question in the assessment year 1994-95 on Project Completion Method. It is true that assessee applied for clear....