2020 (6) TMI 368

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....; is against law, facts and probabilities of the case. 2. Rs. 16,34,34,975/- (Treated as income from Short Term Capital Gains). The learned DCIT erred in treating the profit on sale of asset (vacant land) of Rs. 16,34,34,975/- as Short Term Capital Gains holding that it formed part of block of assets in companies' books; The learned CIT(A) erred in confirming the assessment holding- "from the description of the property given in both the partnership deed and the sale deed, it is apparent that the property in question was not simply a vacant site as claimed by the appellant but had a building constructed on it and consequently, it was included in the Schedule of Assets under Land and Building. Therefore the DCI....

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....t the sale of land having been held for over 3 years constituted a long term capital assets as the gain is arising from is a long term capital gain and the provisions of Sec 50 of the Income Tax Act, 1961 dealing with depreciable assets has been wrongly applied in the instant case. 3. In the course of hearing, it was submitted by the ld. AR of the assessee that the only dispute in the present case is regarding this aspect as to whether the profit on sale of immovable property is liable to tax as short term capital gains 'STCG' or long term capital gains 'LTCG'. The relevant facts in brief as noted by the AO in the assessment order are that there was sale of an immovable property for Rs. 16.90 Crores for which the assessee submitted copy ....

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....immovable property bearing no.736, situated in Sarakki VI Phase Extension, 15th Cross, JP Nagar, 60/B Division, Bangalore. On page-4 of his order, ld. CVIT(A) had reproduced the relevant portion of sale deed date 25-02-2016 in which the property sold was described and it states that the property sold together with RCC building, brick wall and mosaic flooring with compound wall around the property together with BWSSP water supply connection RR No.S10-283. Thereafter, this finding is given by the ld. CIT(A) that as per the description of the property given in both partnership deed and ale deed, it is apparent that the property in question was not vacant site as claimed by the assessee but the building is constructed on it and consequently, it....