Assessee purchased property. Assessing Officer held that stamp value of said property was higher than purchase price. He made addition of difference of such amount to assessee’s total income under section 56(2)(x) of the Act. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that the demonstrated from relevant supporting material that allotment of new flat had been made to assessee in continuation of replacing of earlier allotment which was changed because of unavoidable circumstances of change in Development Control Regulation, as per proviso to section 56(2)(x) first allotment letter was to be considered as agreement to sell. Addition is deleted. (AY. 2018-19)
Pinstripe Properties (P.) Ltd. v. Dy.CIT (2025) 212 ITD 223 (Mum) (Trib.)
S. 56 : Income from other sources-Part consideration was paid as per allotment letter-Allotment of new flat was made in continuation of replacing of earlier allotment letter-Addition is deleted.[S. 56(2)(x)]
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