ITO, CHENNAI vs. A.JAGANNATHAN, COIMBATORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the estimation of fair market value as on 01.04.1981 is inherently an estimation and differences in estimation between the assessee and the Assessing Officer do not automatically constitute furnishing inaccurate particulars of income.
What were the facts?
The Assessing Officer levied penalty under Section 271(1)(c) for claiming fair market value as on 01.04.1981 without supporting evidence. The CIT(Appeals) deleted the penalty, which the Revenue appealed.
What were the issues?
Whether a difference in the estimated fair market value of an asset as on 01.04.1981 between the assessee and the Assessing Officer can be considered as furnishing inaccurate particulars of income leading to penalty.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Fortune Hotels and Estates (P.) Ltd.13 citing52 Taxmann.com 330 · 2014 · HC
- Asstt. CIT v. Mrs. N. Meenakshi3 citing125 TTJ 856 · 2009 · ITAT
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI SANJAY ARORA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -2, Coimbatore, dated 31.10.2016, for the assessment year 2009-10, deleting the penalty levied under Section 271(1)(c) of the Income-tax Act, 1961 (in short 'the Act'). The assessee has also filed cross-objection in respect of the same order of the CIT(Appeals). Therefore, we heard both, the appeal and the cross-objection together and disposing of the same by this common order.
There was a delay of 7 days in filing this appeal by the Revenue. The Revenue has filed a petition for condonation of delay. We have heard the Ld. D.R. and the Ld.counsel for the assessee. We find that there was sufficient cause for not filing the appeal before the stipulated time. Therefore, we condone the delay and admit the appeal.
Shri N. Madhavan, the Ld. Departmental Representative, submitted that the Assessing Officer determined the taxable income at ₹53,61,894/- after adding the capital gains to the extent of ₹51,35,203/-. The Assessing Officer levied penalty under Section 271(1)(c) of the Act on the ground that the fair market value as on 01.04.1981 was claimed without any supporting evidence. According to the Ld. D.R., the fair market value of the property as on 01.04.1981 has to be estimated for the purpose of determining the cost of the asset. Since the assessee has taken the fair market value as on 01.04.1981 without any material on record, according to the Ld. D.R., the Assessing Officer found that the assessee has furnished inaccurate particulars of his income, therefore, the CIT(Appeals) is not justified in deleting the penalty levied by the Assessing Officer under Section 271(1)(c) of the Act.
On the contrary, Shri V. Deepan Raj Krishna, the Ld.counsel for the assessee, submitted that the estimation of fair market value may differ from person to person, therefore, it may not be the same.
There was some difference in the estimation made by the assessee and that of the Assessing Officer, therefore, according to the Ld. counsel, that may not be construed that the assessee has furnished inaccurate particulars of his income. According to the Ld. counsel, the value as on 01.04.1981 has to be estimated on the basis of material available on record. Hence, it cannot be said that the assessee has concealed any particulars of income or furnished any inaccurate particulars of income. Therefore, according to the Ld. counsel, the CIT(Appeals) has rightly deleted the penalty by placing reliance on the decision of this Bench of the Tribunal in ACIT v. N.
Meenakshi (2009) 125 TTJ 0856 and the judgment of Bombay High Court in CIT v. Fortune Hotels and Estates (P) Ltd. (2014) 52 taxmann.com 330.
We have considered the rival submissions on either side and perused the relevant material available on record. It is not in dispute that the issue arises for consideration is estimation of fair market value as on 01.04.1981. The assessee appears to have failed to produce evidences for adoption of fair market value claimed by him for the purpose of determining the fair market value as on 01.04.1981. It is a well settled principles of law that fair market value is nothing but a price that would be agreed between the willing purchaser and willing seller. Therefore, fair market value is not a constant figure. It may differ depending upon various factors such as demand in the market, necessity of seller to sell the property, location / area in which the property is situated, infrastructure facilities available around the location, access to the infrastructure facilities, etc. Therefore, as rightly submitted by the Ld.counsel for the assessee, estimation has to be made as on 01.04.1981 on the basis of material available on record. Estimation may differ from person to person, therefore, this Tribunal is of the considered opinion that merely because there was a difference between the fair market value estimated by the assessee and that of the Assessing Officer, it cannot be said that the assessee has furnished inaccurate particulars of his income. This Tribunal is of the considered opinion that estimation of fair market value as on 01.04.1981 always remains to be estimation, therefore, on such reasoning, it cannot be said that the assessee has furnished inaccurate particulars of income. Therefore, the CIT(Appeals) has rightly deleted the penalty levied by the Assessing Officer under Section 271(1)(c) of the Act. Hence, this Tribunal does not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
The assessee has filed cross-objection only to support the order of the CIT(Appeals). Therefore, the cross-objection becomes infructuous.
In the result, both, the appeal and the cross-objection stand dismissed.
More judgments on Section 271(1)(c)
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- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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