The
Bombay High Court, in Narendra I. Bhuva v. Assistant Commissioner of
Income-tax (Income Tax Appeal No. 681 of 2003), examined whether a vintage
motor car owned by the assessee constituted a “personal effect” excluded from
the definition of “capital asset” under Section 2(14) of the Income-tax Act,
1961, and whether the gains arising from its sale were liable to tax under the
head “Capital Gains”.
The
assessee, a salaried employee, had purchased a 1931 model vintage car in 1983
for ₹20,000 and sold it during the relevant assessment year for ₹21,00,000. The
Assessing Officer treated the surplus as taxable income. The Commissioner of
Income-tax (Appeals) granted relief by holding that the car was a personal
asset. However, the Income Tax Appellate Tribunal reversed the said finding and
held that the car was not a personal effect, as there was no evidence of its
personal use by the assessee.
Before
the High Court, the substantial question of law was whether the Tribunal was
justified in holding that the vintage car was not a personal effect and that the
gains arising on its sale were liable to capital gains tax. The assessee relied
upon various judicial precedents to contend that even occasional use would
suffice to qualify an asset as a personal effect.
The High
Court analysed Section 2(14) of the Act and reiterated that “personal effects”
refer only to movable property held for personal use and having an intimate and
common connection with the person of the assessee. Relying on the Supreme Court
judgment in H.H. Maharaja Rana Hemant Singhji v. CIT (103 ITR 61), the
Court held that mere capability of personal use or pride of possession is
insufficient; actual personal use, whether regular or occasional, must be
established by evidence.
On facts,
the Court noted that the assessee failed to adduce any evidence of personal use
of the vintage car. The car was not parked at the assessee’s residence, no
expenditure on maintenance or running was proved, the assessee used a company
car for commuting, and there was no material to show even occasional use such as
participation in rallies or events. The Court observed that treatment of the
car as a personal asset in wealth-tax returns or non-claim of depreciation were
irrelevant considerations for determining personal use.
The High
Court held that the Tribunal had correctly applied the legal test and that its
findings were purely factual and not perverse. Consequently, the vintage car
could not be regarded as a personal effect, and the gains arising from its sale
were rightly taxable as capital gains.
Accordingly,
the substantial question of law was answered against the assessee, and the
appeal was dismissed.
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