Assessee individual purchased a property in assessment years 2004-05 and 2011-12 (1/2 share in financial year 2003-04 and rest ½ share in financial year 2010-11) and entire payments were also made by account payee cheques in these relevant years and possession was taken. Assessee filed his return of income for relevant assessment year, and assessment was completed. Subsequently, Pr. Commissioner invoked revision jurisdiction on ground that documents of property were executed during relevant assessment year, thus, assessee had purchased property below stamp duty value as determined by Stamp Valuation authorities in relevant assessment year. Accordingly, provisions of section 56(2)(x) were applicable in case of assessee which Assessing Officer had failed to do. He added difference between fair market value during year and actual purchase value of property to income of assessee under section 56(2)(x). That documents executed during relevant assessment year were in nature of correction of defects of title of property for which assessee had deposited additional stamp duty. Tribunal held that to correct defect in title of property would not mean that assessee had purchased new property in relevant year. Since possession of property was taken in earlier years and entire payments were also made in earlier years, effective transfer had taken place in earlier years, hence, provisions of section 56(2)(x) applicable with effect from 1-4-2017 were not applicable to assessee. Revision order is quashed. (AY. 2018-19)
Kiran Kasturchand Shah v. PCIT (2023) 202 ITD 103/226 TTJ 684 (Surat) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transfer has taken place in earlier years-Provisions of section 56(2)(x) applicable with effect from 1-4-2017 would not be applicable to assessee during relevant year.[S. 56(2)(x)]