VidhiSangh

Supreme Court of India · 06/04/2023

COMMISSIONER OF INCOME TAX 7 versus M/S PAVILLE PROJECTS PVT. LTD.

[2023] 3 S.C.R. 310 · 2023 INSC 325

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Summary

A company sold its building for Rs. 33 crores and, in computing long term capital gains for assessment year 2007-08, deducted about Rs. 31 crores paid to three shareholders under an interim arbitral award recording a family settlement, treating it as cost of improvement for removing encumbrances. The Assessing Officer accepted this, but the Commissioner revised the assessment under Section 263 as erroneous and prejudicial to the Revenue, holding the payment was not cost of improvement under Section 55(1)(b). The Tribunal and the Bombay High Court set the revision aside relying on Malabar Industrial. The Supreme Court restored the Commissioner's order, holding that loss of tax lawfully payable due to an erroneous order is prejudicial to the Revenue and that the two-views exception applies only where the Assessing Officer's view is plausible.

Issues

  1. Whether the Commissioner validly exercised revisional jurisdiction under Section 263 of the Income Tax Act, 1961 over an assessment order allowing payments to shareholders under a family settlement as cost of improvement in computing long term capital gains.

Provisions considered

Held

Result

Appeal allowed; Bombay High Court judgment dated 18.09.2017 in ITA No. 78 of 2015 quashed and set aside; the Commissioner's order under Section 263 of the Income Tax Act, 1961 restored; no costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 310.