PRASENJIT GHOSH,EAST MIDNAPORE vs. ACIT, CIRCLE 2(1), KOLKATA, KOLKATA

ITA 1861/KOL/2026Status: DisposedITAT Kolkata16 September 2026AY 2023-20244 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the difference arose due to an increase in stamp duty value between the deposit of registration fees and the actual registration of the sale deed. The assessee was not at fault for this increase, and the AO made the addition without referring the matter to the DVO.

What were the facts?

The assessee purchased properties, and the Assessing Officer (AO) made an addition on account of the difference between the stamp duty value and the purchase price. The CIT(A) confirmed this addition.

What were the issues?

Whether the difference between the stamp duty value and the purchase price of property, arising due to a subsequent increase in stamp duty, is taxable as income from other sources. Whether the AO was justified in making the addition without referring the matter to the DVO.

Which sections of the Income-tax Act were involved?

Section 56(2)(x)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

For Appellant: Shri R.S. Sahay, AR
For Respondent: Shri Praveen Das Chowdhury
Hearing: 05.08.2026Pronounced: 16.09.2026

Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the ld. Commissioner of Income-tax (Appeals), Kolkata-22(hereinafter referred to as the “Ld. CIT(A)”] dated 26.03.2026 for the AY 2023-24. 2. The only issue raised by the assessee in the grounds of appeal is against the order of ld. CIT (A) confirming the addition of ₹7,88,086/- as made by the ld. AO u/s 56(2)(x) of the Income-tax Act, 1961 (the Act) as on account of difference between the stamp value and purchase price. Prasenjit Ghosh; A.Y. 2023-24

3.

The issue raised in ground nos.2 and 3 are also in support of ground no.1. 4. The facts i

The order continues below.

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