Ashok Prapann Sharma v. Commr. of Income-tax & Anr
[Citation -2016-LL-1124-44]

Citation 2016-LL-1124-44
Appellant Name Ashok Prapann Sharma
Respondent Name Commr. of Income-tax & Anr.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 24/11/2016
Assessment Year 1989-90
Judgment View Judgment
Keyword Tags cost of acquisition • higher compensation • land acquisition • crucial date
Bot Summary: The dispute is as to how the cost of acquisition is to be worked out for the purposes of deduction of such cost from the receipts so as to arrive at the correct quantum of capital gains exigible to tax under the Income-Tax Act, 1961. The Assessing Officer as well as the First Appellate Authority took into account the declaration made in the return filed by the Assessee under the Wealth Tax Act in respect of the very plot of land as the cost of acquisition. The same were not accepted on the ground that such sales were subsequent in point of time i.e. 1978-1979 whereas under Section 55(2)of the Act the crucial date for determination of the cost of acquisition is 1st April, 1974. Though the comparable sales were at a higher value of Rs.70/- per square yard, the learned Tribunal thought it proper to determine the cost of acquisition at Rs.50/- per square yard. A declaration in the return filed by the Assessee under the Wealth Tax Act would certainly be a relevant fact for determination of the cost of acquisition which under Section 55(2) of the Act to be determined by a determination of fair 4 market value. The same had been taken into account by the learned Tribunal which is the last fact finding authority under the Act. As the determination of the cost of acquisition by the learned Tribunal was on the basis of the comparable sales and not the compensation awarded under the Land Acquisition Act, 1894 and the basis adopted was open for the learned Tribunal to consider, we 6 take the view that in the facts of the present case the High Court ought not to have interfered with the order of the learned Tribunal.


ITEM NO.110 COURT NO.5 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO. 2314/2007 ASHOK PRAPANN SHARMA APPELLANT(S) VERSUS COMMR.OF INCOME TAX & ANR. RESPONDENT(S) Date : 24/11/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Appellant(s) Mr. Guru Krishnakumar, Sr. Adv. Mr. Santosh Krishnan, Adv. For Respondent(s) Mr. Arijit Prasad, Adv. Ms. Gargi Khanna, Adv. Mr. Praneet Pranav, Adv. Mrs. Anil Katiyar, Adv. UPON hearing counsel Court made following ORDER appeal is allowed in terms of signed order. [VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER [SIGNED ORDER IS PLACED ON FILE] Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2016.11.28 16:42:29 IST Reason: 1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2314/2007 ASHOK PRAPANN SHARMA ...APPELLANT VERSUS COMMR.OF INCOME TAX & ANR. ...RESPONDENTS ORDER 1. Assessment Year in question is 1989-1990. Assessee has been subjected to payment of income-tax on capital gains accruing from land acquisition compensation and sale of land. dispute is as to how cost of acquisition is to be worked out for purposes of deduction of such cost from receipts so as to arrive at correct quantum of capital gains exigible to tax under Income-Tax Act, 1961 (for short Act ). 2 2. Assessing Officer as well as First Appellate Authority took into account declaration made in return filed by Assessee under Wealth Tax Act (Rs.2 per square yard) in respect of very plot of land as cost of acquisition. Some instances of comparable sales showing higher value at which such transactions were made (Rs.70/- per square yard) were also laid by Assessee before Assessing Officer. same were not accepted on ground that such sales were subsequent in point of time i.e. 1978-1979 whereas under Section 55(2)of Act crucial date for determination of cost of acquisition is 1st April, 1974. 3. matter reached learned Income Tax Appellate Tribunal (for short Tribunal ) by way of further appeal by 3 Assessee. learned Tribunal took view that comparable sales cannot altogether be ignored. Therefore, though comparable sales were at higher value of Rs.70/- per square yard, learned Tribunal thought it proper to determine cost of acquisition at Rs.50/- per square yard. In Second Appeal, High Court exercising jurisdiction under Section 260A of Act reversed said finding bringing Assessee to this Court by way of present appeal. 4. We have heard learned counsels for parties at length. 5. declaration in return filed by Assessee under Wealth Tax Act would certainly be relevant fact for determination of cost of acquisition which under Section 55(2) of Act to be determined by determination of fair 4 market value. Equally relevant for purposes of aforesaid determination would be comparable sales though slightly subsequent in point of time for which appropriate adjustments can be made as had been made by learned Tribunal (from Rs.70/- per square yard to Rs.50/- per square yard). Comparable sales, if otherwise genuine and proved, cannot be shunted out from process of consideration of relevant materials. same had been taken into account by learned Tribunal which is last fact finding authority under Act. Unless such cognizance was palpably incorrect and, therefore, perverse, High Court should not have interfered with order of Tribunal. order of High Court overlooks aforesaid severe limitation on exercise of jurisdiction under Section 260A of Act. 5 6. That apart, it appears that there was on-going process under Land Acquisition Act, 1894 for determination of compensation for part of land belonging to Assessee which was acquired [39 acres (approx.)]. Reference Court enhanced compensation to Rs.40/- per square yard. above fact, though subsequent, would not again be altogether irrelevant for purposes of consideration of entitlement of Assessee. However, as determination of cost of acquisition by learned Tribunal was on basis of comparable sales and not compensation awarded under Land Acquisition Act, 1894 (the order awarding higher compensation was subsequent to order of learned Tribunal) and basis adopted was open for learned Tribunal to consider, we 6 take view that in facts of present case High Court ought not to have interfered with order of learned Tribunal. 7. Consequently and taking into account all reasons stated above, we are of view that this appeal should be allowed which we hereby do. order of High Court is set aside and that of learned Tribunal is restored. ....................,J. (RANJAN GOGOI) ...................,J. (N.V. RAMANA) NEW DELHI NOVEMBER 24, 2016 Ashok Prapann Sharma v. Commr. of Income-tax & Anr
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