Assessee sold commercial space through registered sale deed for a total consideration of Rs. 5.71 crores, i.e., an average rate of Rs. 2,596 per sq. ft. However, as a result of search at premises of WC notice was issued to both partners of JV firm and during statement under section 132(4), Managing Director of YKH admitted sale price of Rs. 3,000 per sq. ft. towards sale of commercial space and again rate of Rs. 3,000 per sq. ft. was affirmed by Accountant of assessee. On basis of said statements, Assessing Officer calculated sale consideration of commercial space at Rs. 3,000 per sq. ft. for purpose of calculation of total income in hands of assessee. CIT(A) deleted the addition. On appeal the Tribunal held that sale price of Rs. 3,000 per sq. ft. taken by Assessing Officer, merely on basis of some statements without bringing any concrete material to show that assessee received any consideration over and above what had been shown in registered sale deed, was not correct. Order of the CIT(A) deleting the addition is affirmed. (AY. 2012-13 &2016-17)
ACIT v. Pavani Structurals (P.) Ltd. (2025) 211 ITD 415 (Hyd) (Trib.)
S. 48 : Capital gains-Mode of Computation-Sale consideration-Joint development agreement-Merely on the basis of statement-Addition cannot be made.[S. 45, 132(4)]
Leave a Reply