Assessee purchased a flat for a consideration of Rs. 1.38 crores on 17-9-2014 whereas Sub-Registrar, Mumbai determined market value for purpose of stamp duty at Rs. 1.53 crores. The AO made addition by invoking provisions of section 56(2)(vii) to make addition of differential amount shown in sale documents and stamp duty valuation taken by Sub-Registrar. Tribunal held that there was an agreement between parties regarding purchase and sale of flat in question at time of booking of said flat and part payment was made by assessee on 10-10-2010 and 14-10-2010 through cheque.  Booking of flat and part payment by assessee constituted agreement between parties and terms and conditions which were reduced in writing in agreement registered on 16-9-2014 related to performance of both parties right from beginning i.e. date of booking of flat therefore second proviso to section 56(2)(vii) carve out exception for taking stamp duty value on date of agreement prior to date of registration if an amount of consideration or part thereof has been paid by any mode other than cash before date of agreement for transfer of such immovable property, therefore, stamp duty valuation or fair market value of immovable property was to be considered as on date of payment made by assessee towards booking of flat. (AY. 2015-16)