Mohd. Ilyas Ansari. v. ITO (2020) 196 DTR 185/ (2021) 186 ITD 407 (Mum) (Trib.)

S. 56 : Income from other sources –Purchase of flat – Gift – Stamp valuation and actual consideration – Addition was set a side [ S.56 (2) (vii) ]

Assessee purchased a flat for a total consideration of Rs. 40 lakhs  Assessing Officer held  that stamp duty valuation of flat was Rs. 2.20 crores, but assessee had shown to have purchased it only for Rs. 40 lakhs.  During assessment proceedings assessee filed valuation report of a government registered valuer, who valued flat at Rs. 82.60 lakhs disputing valuation made by Stamp Valuation Authority .  However, Assessing Officer did not refer matter of valuation to District Valuation Officer and made addition of Rs. 1.80 crores under section 56(2)(vii) in hands of assessee . Addition was confirmed by Commissioner (Appeals).  On appeal the Tribunal held that  the Assessing Officer mechanically applied provisions of section 56(2) to difference between stamp duty value and actual sale consideration paid by assessee without making any efforts to find out actual cost of property when in fact assessee stated that property when purchased was under semi-construction stage and there were disputes between builders and purchasers and ultimately builder had abandoned project and left . Further, assessee also stated that there was dispute in area acquired by assessee. Accordingly the addition was  deleted . (AY. 2014 -15 )