Assessee is engaged in real estate business who purchased a piece of land as its stock-in-trade. AO invoked provisions of S. 56(2)(vii)(b)(ii) adopting full value of sale consideration as adopted by stamp authority. Tribunal held that provisions of S. 56(2)(vii) have application to property which is in nature of a capital asset of recipient and, therefore, same would not apply to stock-in-trade, raw material and consumable stores of any business of such recipient. Accordingly the order of the AO is set aside. (AY. 2015 -16)
Satendra Koushik. v. ITO (2019) 177 ITD 286 (Jaipur)(Trib.)
S. 56 : Income from other sources-Gift- Property–Purchase of a piece of land as stock-in-trade–Not property–Provision is not applicable- Matter is set aside. [S. 45, 56(2)(vii)(b)(ii)]