NAINA DESAI - LEGAL HEIR OF LATE NITIN CHANDRAKANT DESAI,MUMBAI vs. DCIT, CIRCLE 16(1), MUMBAI

ITA 1663/MUM/2026Status: DisposedITAT Mumbai12 August 2026AY 2018-194 pages
AI SummaryRemanded

What were the facts?

The assessee's appeal against an addition made under section 56(2)(x)(b)(B) was dismissed by the CIT(A) for not admitting additional evidence. The assessee contended that the land purchased was agricultural and not a capital asset as it was beyond municipal limits.

What did the Tribunal hold?

The Tribunal found merit in the assessee's submission that the additional evidence was crucial to the matter. Therefore, the Tribunal admitted the additional evidence and restored the issue to the CIT(A) for adjudication on merits.

What were the issues?

Whether the CIT(A) erred in not admitting additional evidence regarding the nature of the land purchased. Whether the land in question qualifies as a capital asset under the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 56(2)(x)(b)(B),Section 2(14)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI

Before: SHRI CHALLA NAGENDRA PRASAD & SHRI MAKARAND VASANT MAHADEOKAR

Pronounced: 12/08/2026

PER SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER:

This appeal is filed by the assessee against the order of the learned CIT(A)-NFAC, dated 30.12.2023, for the assessment year 2018-19 in sustaining the addition made by the Assessing Officer under section 56(2)(x)(b)(B) of the Act being the difference between the stamp duty value and the agreement value.

ITA 1663/MUM/2026 NAINA DESAI

The order continues below.

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