Nitin Narayan Kadamdhad v. ITO (2025) 212 ITD 199 (Nagpur) (Trib.)

S. 56 : Income from other sources-Purchase of immovable property-Sale agreement dated 1-6-2012 and received possession on same day-Document was registered on 27-6-2013-Provision was inserted in statute with effect from 1-4-2014-Addition is deleted [S. 56(2)(vii)(b)(ii)]

Assessee purchased an immovable property vide sale agreement dated 1-6-2012 and received possession on same day by executing documents which were registered on 27-6-2013. The AO held that the  assessee had paid stamp duty on value adopted for stamp duty purpose, hence, difference of purchase consideration and market value was proposed to be treated as income from other sources by invoking provisions of section 56(2)(vii)(b)(ii) of the Act. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that  since provisions of section 56(2)(vii)(b)(ii) have been inserted in statute with effect from 1-4-2014 and not before that while assessee had already executed agreement during assessment year 2013-14 itself, provisions of section 56(2)(vii)(b)(ii) were not applicable to said transaction per se. Addition is deleted.(AY. 2014-15)