2013 (6) TMI 857 - AT - Income Tax

Summary

Issues involved:
The appeal concerns the computation of capital gains, the treatment of income arising from the sale of assets, and the addition of balancing charges on the sale of fixed assets.

Computation of Capital Gains:
The appellant contested the AO's computation of capital gains under the head "Profit & Gains of Business or Profession" instead of "capital gain." The appellant argued that the valuation done by the DVO was erroneous and excessive, and no substitution of consideration was warranted. The AO was faulted for not reducing the sale consideration by the cost of acquisition and transfer expenses.

Income from Sale of Assets:
The AO estimated and computed the income from the alleged sale of furniture and fixtures under "Profit and Gains of Business or Profession." The appellant argued against this treatment, stating that no such action was justified.

Balancing Charges on Sale of Fixed Assets:
The AO made an addition as balancing charge on the sale of fixed assets u/s 41(2) of the Act. The appellant contended that no such addition was warranted.

The Tribunal noted that the assessment order lacked detailed reasoning on the objections raised by the assessee under section 50C(2) of the Act. The addition of Rs. 3 lacs for the sale of furniture and fixtures was made without proper discussion. The Tribunal found the CIT (A) order to be lacking in addressing the objections raised by the assessee. Consequently, all grounds raised by the assessee were remanded to the AO for fresh adjudication, emphasizing the need for a speaking order as per section 250(6) of the Act. The AO was directed to consider the written objections of the assessee and provide a reasonable opportunity for a hearing before making any additions in the assessment. As a result, the appeal of the assessee was allowed for statistical purposes.