M. Ramamurthy v. The Income-tax Officer, Non Corporate Ward-3(2), Madurai
[Citation -2019-LL-0905-54]

Citation 2019-LL-0905-54
Appellant Name M. Ramamurthy
Respondent Name The Income-tax Officer, Non Corporate Ward-3(2), Madurai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 05/09/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags sale consideration • guideline value • market value • capital gain • sale deed • on money • sale of property • loss on sale of share • reference to valuation officer • value of property
Bot Summary: The notice of hearing was served on the assessee by RPAD. The Registry has placed on record the postal acknowledgement as proof of service of notice. Inspite of receiving the notice by RPAD, 2 I.T.A. No.1588/Chny/19 the assessee chose not to appear before this Tribunal when the appeal was taken up for hearing. Ms. R. Anitha, the Ld. D.R. submitted that the assessee sold a property for 1,01,00,000/- along with two other persons and claimed loss of 47,302/- with respect to his share. According to the Ld. D.R., the assessee never asked for making reference to the Valuation Officer. It is not the case of the assessee that the market value of the property was less than the guideline value. If the guideline value was more than the sale consideration on the date of execution of sale deed, then in view of Section 50C of the Act, the guideline value has to be taken for the purpose of computing capital gain. In the result, the appeal filed by the assessee is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI & BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA No.1588/Chny/2019 Assessment Year : 2007-08 Shri M. Ramamurthy, Income Tax Officer, 4, Ahimsapuram 4th Street, v. Non Corporate Ward 3(2), Sellur, Madurai 625002. Income Tax Office, Madurai-2. PAN : ADHPR6602B (Appellant) (Respondent) - Appellant by : None Respondent by : Ms. R. Anitha, JCIT Date of Hearing : 27.08.2019 Date of Pronouncement : 05.09.2019 ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of assessee is directed against order of Commissioner of Income Tax (Appeals) -1, Madurai, dated 01.03.2019 and pertains to assessment year 2007-08. 2. notice of hearing was served on assessee by RPAD. Registry has placed on record postal acknowledgement as proof of service of notice. Inspite of receiving notice by RPAD, 2 I.T.A. No.1588/Chny/19 assessee chose not to appear before this Tribunal when appeal was taken up for hearing. Therefore, we heard Ld. Departmental Representative and proceeded to dispose appeal on merit. 3. Ms. R. Anitha, Ld. D.R. submitted that assessee sold property for 1,01,00,000/- along with two other persons and claimed loss of 47,302/- with respect to his share. According to Ld. D.R., Assessing Officer found that on date of execution of sale deed, guideline value was 1,92,00,000/-. By adopting provisions of Section 50C of Income-tax Act, 1961 (in short 'the Act'), according to Ld. D.R., 1/3rd share of assessee was taken as 67,333/- and accordingly, capital gain was computed. According to Ld. D.R., assessee never asked for making reference to Valuation Officer. 4. Having heard Ld. D.R., we have gone through orders of both authorities below including material available on record. It is not case of assessee that market value of property was less than guideline value. It appears that assessee claimed before lower authorities that there was no on money payment received by assessee. It is not question of 3 I.T.A. No.1588/Chny/19 receipt of on money payment. It is question of value of property on date of sale. If guideline value was more than sale consideration on date of execution of sale deed, then in view of Section 50C of Act, guideline value has to be taken for purpose of computing capital gain. Since Assessing Officer has adopted guideline value as provided in Section 50C of Act, this Tribunal do not find any reason to interfere with order of lower authority and accordingly same is confirmed. 5. In result, appeal filed by assessee is dismissed. Order pronounced in court on 5th September, 2019 at Chennai. sd/- sd/- (Inturi Rama Rao) (N.R.S. Ganesan) /Accountant Member Judicial Member /Chennai,Dated, 5 September, 2019. Kri. Copy to: 1. Appellant 2. Respondent 3. ; CIT(A)-1, Madurai 4. Principal CIT, Madurai-2, Madurai 5. DR 6. GF. M. Ramamurthy v. Income-tax Officer, Non Corporate Ward-3(2), Madurai
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