Arihant Associates v. ACIT (2025) 210 ITD 149 (Mum.) (Trib.)

S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Date of agreement fixing value of consideration and date of registration of such transfer not same-Stamp duty value as on date of agreement for sale should be considered as full value of consideration for purpose of computing profits and gains from transfer of flat-Addition is deleted. [S. 45]

Assessee-firm was engaged in the real estate business. During assessment proceedings, the AO observed that the assessee had sold a flat at a value less than the stamp duty value. Assessee submitted that allotment letter in respect of flat was issued on 5-5-2011 and agreement for sale was executed between parties on 30-4-2011, and, therefore, stamp duty rate as on that date should be considered to be full value of consideration for purpose of section 43CA. However, the AO held that the assessee had not provided a copy of the bank account statement reflecting the transaction and a copy of the ready reckoner for the year in which aforesaid flat was allotted to the party. Accordingly, the AO made an addition u/s 43CA by considering the stamp duty value on the date of registration of the agreement, i.e., during the year under consideration. It was held that provisions of s. 43CA (3) provides that where date of agreement fixing the value of consideration and the date of registration of such transfer of asset are not same, then the stamp duty value as on date of agreement shall be taken as full value of consideration for the purpose of computing profits and gains from transfer of such asset. Since the agreement for sale was executed on 30-4-2011, in light of provisions of section 43CA(3), the stamp duty value as on date of the agreement for sale, i.e., 30-4-2011, should be considered as the full value of consideration. Accordingly, the impugned addition was deleted. (AY. 2017-18)

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