SREENIVAS NARAYAN,BANGALORE vs. INCOME TAX OFFICER, WARD-(6)(3)(1), BANGALORE
What did the Tribunal hold?
The Tribunal held that since part of the consideration was received before the agreement date and there was no change in terms, Section 43CA(3) of the Income Tax Act is applicable. Therefore, the stamp duty value on the date of the agreement should be considered.
What were the facts?
The assessee sold a duplex flat and entered into an agreement for sale in 2014, but the sale deed was registered in 2017. The Assessing Officer considered the stamp duty value on the date of registration, while the assessee argued for the value on the date of the agreement.
What were the issues?
Whether the stamp duty value on the date of the sale agreement or the date of the sale deed registration should be considered for computing profits under Section 43CA when the agreement date precedes the registration date and part consideration was received earlier.
Which sections of the Income-tax Act were involved?
Section 43CA,Section 43CA(3),Section 148,Section 147,Section 144B,Section 234A,Section 234B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE BENCHES, BANGALORE
Before: SHRI PRASHANT MAHARISHI & SHRI SANDEEP SINGH KARHAIL
PER SANDEEP SINGH KARHAIL, JUDICIAL MEMBER:
The assessee has filed the present appeal against the impugned order dated 02/12/2025, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2018-19. ITA 924/BANG/2026 SREENIVAS NARAY
The order continues below.
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