INDIRA SIVAPRASAD,CHENNAI vs. ITO, CHENNAI
What did the Tribunal hold?
The Tribunal held that inheritance and allotment of a specific share on partition do not constitute acquisition. Therefore, the cost of indexation should be adopted from the year the previous owner acquired the property.
What were the facts?
The assessees received property through a partition of a joint family property. They claimed indexation of cost from the year the previous owner acquired it, while the revenue argued for indexation from the date of partition.
What were the issues?
The key issue was whether the date of partition or the original acquisition date by the previous owner should be used for indexation of capital gains.
Which sections of the Income-tax Act were involved?
Not explicitly mentioned, but relates to capital gains and cost of acquisition.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI D.S. SUNDER SINGH
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश आदेश /O R D E R आदेश आदेश
PER N.R.S. GANESAN, JUDICIAL MEMBER: Both the appeals of the assessee are directed against the respective orders of the Commissioner of Income Tax (Appeals)-16, Chennai dated 29.07.2016 and pertains to the assessment year 2013-14. Since common issue arises for consideration in both the appeals, we heard the same together and disposing off the same by this common order. The only issue arises for consideration is determination of fair market value for the purpose of capital gain.
Shri Vepa Krishna, the Ld. representative for the assessee submitted that the assessees are members of the joint family and received the subject property on a partition which took place on 01.05.2012 and accordingly adapted the indexed cost of asset as on 01.04.1981. Placing reliance on the judgment of the Bombay High Court in CIT v Manjula J Shah (2013) 355 ITR 472, the Ld. representative submitted that even though the assessee inherited the property and obtained a specific share on a partition which took place on 01.05.2012, it cannot be said that the assessee has acquired the property. The property was received by the assessee only because of inheritance from the parents. Therefore, the cost of indexation has to be adopted from the year in which the assessees father acquired the property. Therefpre the CIT (Appeals) is not justified in confirming the order of the Assessing Officer.
On the contrary, Shri V. Nanda Kumar, the Ld. Departmental Representative submitted that the assessees have became the owner of the property on 01.05.2012, when the partition took place by means of a settlement deed. Therefore, the Assessing Officer and the CIT (Appeals) have rightly found that cost inflation index has to be adopted from the financial year 2012-13.
We have considered the rival submissions on either side and perused the material available on record. An identical issue was considered by the Bombay High Court in the case of Manjula J Shah (supra). The Bombay High Court found that when the property was inherited, the cost of indexation has to be adopted from the year in which the previous owner acquired the property. Inheritance of property and the allotment of specific share on a partition by means of family settlement cannot be construed as a transfer of property. Hence, the Assessing Officer is not justified in holding that the assessee acquired the property only on 01.05.2012, when the specific share of the property was allotted to the assessee. By respectfully following the judgment of the Bombay High Court in the case of Manjula J Shah (supra), this Tribunal is of the considered opinion that the indexed cost of acquisition has to be adopted from the year in which the previous owner acquired the property. Therefore, we are unable to uphold the orders of both the authorities below. Accordingly, the orders of both the authorities below are set aside and the Assessing Officer is directed to adopt the cost inflation index from the year in which the previous owner acquired the property.
In the result both the appeals of the assessees stands allowed.
Order pronounced on 28th February, 2017 at Chennai.
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