PRADEEP H. RAHEJA,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTER, MUMBAI

ITA 7740/MUM/2026Status: DisposedITAT Mumbai09 September 2026AY 2018-194 pages
AI SummaryRemanded

What were the facts?

The assessee purchased an immovable property for Rs. 2,71,01,140, while the stamp duty valuation was Rs. 2,82,71,148. The difference was taxed under section 56(2)(x). The CIT(A) dismissed the appeal for non-prosecution.

What did the Tribunal hold?

The Tribunal admitted additional evidence, including a DVO valuation report for the same property, and restored the matter to the AO for fresh adjudication. The AO is to consider the additional evidence and afford the assessee an opportunity of being heard.

What were the issues?

Whether additional evidence, specifically a DVO valuation report, should be admitted and considered for reassessment when it was not available during the original assessment and the appeal was dismissed for non-prosecution.

Which sections of the Income-tax Act were involved?

Section 56(2)(x),Section 143(3),Section 142A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI

Before: SHRI ANIKESH BANERJEE & MS. RATNA DASGUPTA

For Respondent: Shri Kumar C., Sr. AR

Heard together (2 matters)

ITA 7740/MUM/2026
SA 133/MUM/2026

Read from the judgment's own cause title. This page is filed under one of them.

PER: SHRI ANIKESH BANERJEE, (JM):

This appeal by the assessee is directed against the order passed by the NFAC, Delhi [in short, “Ld. CIT(A)], under section 250 of the Income-tax Act, 1961 (in short, “the Act”) dated 30.04.2026, for Assessment Year 2018-19,

SA 133/MUM/2026 ITA 7740/MUM/2026 PRADEEP H. RAHEJA

arising out of the assessment order passed by Assessment Unit Income Tax Department (in short, “Ld. AO”), under section 143(3) r.w.s. 143(3A) & 143(3B)

The order continues below.

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