Assessee purchased a parcel of land along with other co-owners for total consideration of Rs. 2.01 crores. Stamp duty value of same was found to be of Rs. 3.32 crores Assessing Officer invoked provisions of section 56(2)(x) and made an addition of difference, to extent of assessee’s holdings in said land, which tantamounted to 47.50 per cent of total land. CIT(A) affirmed the addition. On appeal the Tribunal held that in case of third co-owner of land itself had deleted addition made under section 56(2)(x) on ground that difference between fair market value and purchase consideration was approximately 10 per cent of purchase consideration of property which was not a material difference. On facts addition was deleted. (AY. 2018-19)
Arvindkumar Jagjivandas Thakkar. v. ITO (2025) 212 ITD 504 (Ahd) (Trib.)
S. 56 : Income from other sources-Purchase of land along with other co-owners-Difference between fair market value and purchase consideration was approximately 10 per cent of purchase consideration of property-Addition was deleted. [S.56(2)(x)]
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