Facts of the Case
The assessee, engaged in real estate business, entered into a
consortium agreement and subsequently into an agreement to purchase 10 acres of
land for ₹15 crores from JMA Buildcom Pvt. Ltd. However, the seller defaulted
in fulfilling its contractual obligations within the stipulated time.
The dispute was referred to arbitration, resulting in an award
of compensation/damages to the assessee. The assessee treated the amount
received as a capital receipt in its books.
The Assessing Officer (AO) and CIT(A) held that the
compensation was revenue in nature, considering the land as
stock-in-trade. However, the ITAT reversed the finding and treated the receipt
as capital in nature, holding that the profit-making apparatus was
affected.
The Revenue appealed before the Delhi High Court.
Issues Involved
- Whether
compensation received due to non-performance of a land sale agreement
constitutes capital receipt or revenue receipt?
- Whether
the intended use of land as stock-in-trade alters the nature of
compensation received?
- Whether compensation for sterilization of a profit-making apparatus is taxable as income?
Petitioner’s Arguments (Revenue)
- The
compensation received should be treated as revenue receipt.
- The
land was intended to be part of stock-in-trade, hence any
compensation is part of business income.
- The amount had a direct nexus with business operations and profit-making.
Respondent’s Arguments (Assessee)
- The
compensation arose due to failure of acquisition of a capital asset,
i.e., land.
- The
default resulted in sterilization of the profit-making apparatus,
not merely loss of profit.
- The
arbitration award compensated for loss of source of income, hence
it is capital in nature.
- Relied on judicial precedents including Universal Radiators case.
Court Findings / Judgment
The Delhi High Court upheld the ITAT’s decision and dismissed
the Revenue’s appeal, holding:
- The
seller’s failure rendered the assessee’s investment immobile and
sterilized.
- Compensation
received was not for loss of trading profit but for loss of
profit-making apparatus.
- Even
if the asset was to be treated as stock-in-trade, once it became blocked
and unusable, it lost its trading character.
- The
compensation therefore falls within the capital stream and is not
taxable as revenue income.
mportant Clarifications by the Court
- Compensation
for sterilization, immobilization, or destruction of a capital asset
is a capital receipt.
- Even
stock-in-trade, if rendered unusable, may assume the character of a capital
asset.
- The purpose of acquisition becomes irrelevant when the asset itself is never realized due to breach.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:2739-DB/SRB25042018ITA2362017.pdf
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