JYOTI SANJAY AGRAWAL,NEEMUCH vs. DCIT/ACIT 1(1), UJN, UJJAIN

ITA 830/IND/2025Status: DisposedITAT Indore13 July 2026AY 2018-198 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the amendment allowing a deviation of up to 10% between stamp duty value and actual sale consideration is retrospective. Since the difference in this case was below the tolerance limit, no addition should be made.

What were the facts?

The assessee's property was registered for Rs. 6,15,43,546/-, while the stamp duty valuation was Rs. 6,42,32,059/-. The difference of Rs. 26,88,513/- was 4.36% of the sale consideration, which is below the tolerance limit.

What were the issues?

Whether the benefit of the safe harbour limit for the difference between stamp duty valuation and sale consideration, as introduced by Finance Act, 2020, is applicable retrospectively. Whether the addition made under Section 56(2)(x) is sustainable when the difference is within the tolerance limit.

Which sections of the Income-tax Act were involved?

Section 56(2)(x),Section 50C,Section 43CA

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
आयकर अपीलीय अिधकरण, इ"दौर "यायपीठ, इ"दौर । In The Income Tax Appellate Tribunal, Indore Bench, Indore Before Dr. Arjun Lal Saini, Accountant Member And Shri Paresh M. Joshi Judicial Member आयकरअपीलसं./ITA No. 830/IND/2025 [ "नधा"रणवष"/Assessment Year: 2018-19 ] Jyoti Sanjay Agarwal DCIT/ACIT – 1(1), UJN 18A, Sadri Road, Baghana, Vs. 127, Dew as Road, Near LIC Neemuch, Madhya Pradesh - Office, Bharat Puri, Ujjain, 458441 Madhya Pradesh-456010 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AFJPA6161Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant by : CA Sh. Piyush Singhal, Respondent by : Sh. Vipul Chavda Date of Hearing : 11/06/2026 : 13/07/2026 Date of Pronouncement

:: ORDER :: Per, Bench : Captioned appeal filed by the assessee, pertaining to Assessment Year 2018- 19, are directed against the order passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as “the Ld. CIT(A)/NFAC”), dated 30.07.2025, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) read with section 144B of the Act, on 11.05.2021. Jyoti Sanjay

The order continues below.

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