The Supreme Court examined whether the Commissioner of
Income Tax was justified in invoking the revisional jurisdiction under Section
263 of the Income Tax Act, 1961, to set aside an assessment order in which the
Assessing Officer had allowed deduction of payments made to shareholders as
“cost of improvement” while computing long-term capital gains.
The assessee had sold a property known as “Paville House”
and, while computing long-term capital gains, claimed deduction of amounts paid
to three shareholders pursuant to a family settlement recorded in arbitration
proceedings. According to the assessee, the payments were made to discharge
encumbrances on the property and therefore constituted “cost of improvement”
under Section 55(1)(b) of the Act. The Assessing Officer accepted the
computation and completed the assessment under Section 143(3).
The Commissioner, in exercise of powers under Section 263,
held that the assessment order was erroneous and prejudicial to the interests
of the Revenue. It was observed that the payments made to shareholders were
neither capital expenditure nor did they result in any addition or alteration
to the capital asset so as to enhance its value. The Commissioner further held
that the family dispute among shareholders did not create any encumbrance on
the property and that the payments had no nexus with the improvement of the
capital asset. Accordingly, the assessment order was set aside with directions
to recompute the capital gains in accordance with law.
The Income Tax Appellate Tribunal set aside the
Commissioner’s order, holding that the Assessing Officer had taken a plausible
view and that the Commissioner had wrongly assumed jurisdiction under Section
263. The High Court affirmed the Tribunal’s view.
The Supreme Court reversed the decisions of the Tribunal and
the High Court. Applying the principles laid down in Malabar Industrial Co.
Ltd. v. Commissioner of Income Tax, the Court held that for exercise of
revisional jurisdiction under Section 263, the twin conditions of the
assessment order being erroneous and prejudicial to the interests of the
Revenue must be satisfied. On the facts of the case, the Court found that the
Assessing Officer’s order allowing the deduction was unsustainable in law and
had resulted in loss of revenue.
The Court held that payments made to shareholders pursuant
to a family settlement did not amount to removal of encumbrances on the
property and could not be treated as “cost of improvement” within the meaning
of Section 55(1)(b). Since the assessment order was both erroneous and
prejudicial to the interests of the Revenue, the Commissioner was justified in
invoking Section 263.
Accordingly, the Supreme Court allowed the appeal, set aside
the judgment of the High Court, and restored the order passed by the
Commissioner under Section 263 of the Income Tax Act.
Source Link - https://api.sci.gov.in/supremecourt/2018/15489/15489_2018_4_1501_43248_Judgement_06-Apr-2023.pdf
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