Assessee is a partnership firm engaged in business as builders and developers. Assessee sold certain flats for a consideration less than market value on date of agreement of sale Assessing Officer made addition to income of assessee under section 43CA. CIT(A) affirmed the addition. On appeal the Tribunal held that the assessee explained that flats were sold at prevailing rate of market value as on date of booking and since value as per agreement to sale was higher than stamp duty value as on date of booking of flats, no addition was called for. Addition is deleted.(AY. 2016-17)
Bansal Land Developers. v. ITO (2025) 211 ITD 658 (Pune) (Trib.)
S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Developer-Booking of flat-Addition is deleted.[S. 43CA(3), 43CA (4), 50C]
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