1976 (12) TMI 91 - AT - Income Tax

Summary

Issues:
1. Calculation of long-term capital gains for assessment year 1972-73.
2. Allowance of deduction under section 80T of the Income Tax Act, 1961.
3. Interpretation of s. 80T for deductions on capital gains from the sale of different assets.

Analysis:
1. The assessee realized capital gains from the sale of vacant sites and equity shares, resulting in long-term capital gains for the assessment year 1972-73. Additionally, there were capital gains from the sale of land in Chettinad. The Income-tax Officer allowed a deduction under s. 80T on a certain amount, which the assessee contested, claiming a higher deduction based on the total capital gains. The Appellate Assistant Commissioner, relying on a previous Tribunal order, upheld the assessee's contention, allowing the deduction on the entire capital gains amount.

2. The Revenue challenged the Appellate Assistant Commissioner's decision, arguing that the set off and carry forward of losses should take precedence over the deduction under s. 80T. The departmental representative contended that the Tribunal's previous decision for another assessment year was not applicable in this case. However, the learned counsel for the assessee supported the Appellate Assistant Commissioner's order.

3. The Appellate Tribunal, upon reviewing the submissions, found no reason to interfere with the Appellate Assistant Commissioner's decision. The Tribunal referenced s. 80T of the Income Tax Act, as amended by the Finance (No. 2) Act of 1971, which outlined the deductions for long-term capital gains. The provision specified different deduction rates for capital gains from buildings/lands and other assets, emphasizing separate calculations for each type of asset. In this case, the assessee's capital gains from the sale of lands were eligible for the deduction under s. 80T. Consequently, the Tribunal upheld the Appellate Assistant Commissioner's order, dismissing the Revenue's appeal.