ALKA JINDAL ,DELHI vs. DCIT SPECIAL RANGE 12 AS AO, DELHI

ITA 4842/DEL/2025Status: DisposedITAT Delhi15 July 2026AY 2016-174 pages
AI SummaryAllowed

What were the facts?

The assessee jointly purchased an immovable property for Rs 2,00,00,000, with her share being Rs 50,00,000. The AO made additions under Section 56(2)(vii) based on the difference between the purchase consideration and the stamp duty value, and also for unexplained investment.

What did the Tribunal hold?

The Tribunal held that the addition under Section 56(2)(vii) was not justified as the variation between the actual consideration and the DVO's determined fair market value was less than 5%. The Tribunal also deleted the addition for unexplained investment, finding the source of funds to be properly explained through bank statements.

What were the issues?

Whether the addition made under Section 56(2)(vii) for the difference between purchase consideration and stamp duty value is justified, and whether the investment in the property was adequately explained.

Which sections of the Income-tax Act were involved?

Section 56(2)(vii),Section 143(3),Section 155(15),Section 50C(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI

Before: SHRI M. BALAGANESH

For Appellant: Shri Rajiv Jain, CA (virtual)
For Respondent: Shri Om Prakash, Sr. DR
Hearing: 12/05/2026Pronounced: 15/07/2026

PER M. BALAGANESH, A. M.:

1.

The appeal in ITA No.4842/Del/2025 for AY 2009-10, arises out of the order of the ld National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 25.07.2025 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 20.12.2018 by the Assessing Officer, DCIT, Special Range012, AS AO, Delhi (hereinafter referred to as ‘ld. AO’).

2.

The only effective issue to be decided in this appeal is as to whether the Learned CIT(A) was justified in upholding the addition made by the Learned AO under section 56(2)(vii) of the Act in the facts and circumstances of the instant case. Alka Jindal

3.

We have heard the rival submissions and perused

The order continues below.

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