ITO v. Mahavir Enterprises (2023) 202 ITD 253 (Mum.)(Trib.)

S. 56 : Income from other sources-Purchase of property by participating in e. tender, being highest / successful bidder-Considered as fair market value for the purpose of stamp duty. [S. 45, 50C, 56(2)(x)]

Assessee-firm purchased a property from certain Co-operative Bank for Rs. 3,53,70,000 in auction as aforesaid bank went into liquidation.  Assessing Officer held that fair market value as per records available was Rs. 5,84,99,000, therefore difference of Rs. 2,31,29,000 being difference in fair market value and consideration of Rs. 3,53,70,000 was brought to tax under section 56(2)(x). On appeal the CIT(A) deleted the addition relying on circular dated 30-6-2005 issued by the Government of Maharashtra.  On appeal the Tribunal held that   from valuation report, that valuer valued property at Rs. 3,51,00,000 after considering distressed value of property since it was about 111 years old. Further, assessee, was highest bidder with a price of Rs. 3,53,70,000, and process of bidding was carried out under supervision of a senior-level government functionary acting as a liquidator, and property under consideration was purchased only pursuant to e-tender floated by aforesaid bank. In view of Circular dated 30-6-2005 issued by Government of Maharashtra, while registering document in respect of sale conducted by government/non-government organisation by public auction, highest price as certified in sale certificate or other order issued by such authority should be considered as fair market value for purposes of stamp duty. Order of CIT(A) is affirmed. Relied on  Registrar of Assurance & Anr appellants   v. ASL Vyapar Private Ltd (CANO  8282 of 2022 Arising out of SLP (C) No.22197 of 2010, wherein the Court held that in case of public auction monitored by the Court, the discretion would not be available to the Registering Authority under section 47A of the Act.   (AY. 2020-21)