HUKAM CHAND,HIMACHAL PRADESH vs. ITO, PARWANOO, PARWANOO

ITA 1662/CHANDI/2025Status: DisposedITAT Chandigarh08 September 20267 pages
AI SummaryRemanded

What were the facts?

The assessee purchased an immovable property jointly with others. The Assessing Officer (AO) made an addition of Rs. 4,87,500 as unexplained investment, considering the stamp duty value as the investment. The CIT(A) confirmed the addition but invoked a different section than the AO.

What did the Tribunal hold?

The Tribunal found a material factual discrepancy regarding the property's actual consideration and the assessee's share. The CIT(A) also invoked a section not originally used by the AO without resolving factual disputes.

What were the issues?

Whether the addition as unexplained investment was correctly made based on stamp duty value, and whether the CIT(A) erred in invoking a different section without resolving factual discrepancies and adhering to procedural requirements.

Which sections of the Income-tax Act were involved?

Section 69,Section 56(2)(vii),Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH, ‘SMC’ CHANDIGARH

Before: SHRI LALIET KUMAR

For Appellant: Shri Kartikeya Gupta, Advocate &, Shri Manoj Kumr, CA
For Respondent: Shri Vivek Vardhan, Addl. CIT, Sr.DR
Hearing: 07.09.2026Pronounced: 08.09.2026

The assessee is in appeal before the Tribunal against the order of the ld. Commissioner of Income Tax (Appeals)NFAC [in short ‘the CIT (A)’] dated 09.06.2025 passed for assessment year 2013-14. 2. The ld. counsel for the assessee has raised the following grounds of appeal :

1.

That the Id Cn(A) is wrong in confirming the addition of Rs 4,87.50(1 by invoking the provisions of Section 56(2)(viij of the Income 1IX Act, 1%1 without issuing any show cause notice under Section 56(2)(vii). since the addition was originally made by the Id AO. under Section 69 read with Section 115BBE on A.Y.2013-14 2 account of

The order continues below.

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