Recently in Deep Kukreti vs. Commissioner of Income-tax, it was held that the appeal shall not be maintainable when the assessment is made on the basis of consent of the assessee. Unless there is any grievance by assessee that such concession is wrongly recorded or that assessee is coerced for making such concession.

Facts of the case:

The assessees were co-owners of an ancestral property. The property was situated at Niranjanpur, Dehradun. The land was sold for a total consideration of Rs. 7,36,07,624. The cost of acquisition was considered at Rs. 2,70,000 per bigha. While doing the assessment, the Assessing Officer found that the prescribed circle rate for agricultural land, as on 01.04.1981, in the area was ranging from Rs. 7,000 to Rs. 8,000. but the assessee had taken Rs. 2,70,000 as the cost on 1.1.1981. The assessees were asked to show-cause as to why the cost of land should not be taken at Rs. 8,000 per bigha and capital gain be calculated on that basis. On the hearing date, appellants gave their acceptance for applying the rates for cost of acquisition of land at Rs. 8,000 per bigha. On the said basis, the rate was applied; the cost was worked out; and there is resultant assessment on the capital gains. Penalty under Section 271(1)(c) was imposed.

On this, the assessees went for appeal to the Commissioner (Appeals). The order of the AO was upheld by the Commissioner.

Aggrieved by the order, the appellant appealed to the Tribunal

It was held that:

The assessees had given, in writing, his consent to the cost of the land being Rs. 8000 per bigha for the purpose of calculation of capital gains. The relevant case is about the question that what shall be the value of the land. The Tribunal noticed that the assessees did not make available any evidence in support of their contentions.

Appeal under section 246A shall not be made unless there is any grievance for the party as such that the concession was wrongly recorded or that he was coerced into making such concession. In the said case, an assessment is made on the basis of the consent of the parties. The Tribunal gave his consent that the appellants cannot be treated as an aggrieved person is not liable to be interfered with. Thus, the Tribunal affirmed the order of the Commissioner.

Accordingly, the appeals are found to be merit-less and the questions of law are answered against the appellants. The appeals will stand dismissed. No order as to costs.

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