RIZWANA MOHAMMED BHOPALWALA,MUMBAI vs. ITO, INT. TAXATION WARD 1 (2)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that the stamp duty value on the date of the agreement, or when part payments were made by account payee cheque, should be considered as per Section 56(2)(x) of the Act. The AO was directed to verify the payments made by April 2015.
What were the facts?
The assessee booked a flat in 2012, but the project was stalled. Subsequently, an alternate flat was allotted in lieu of the original one. The Assessing Officer (AO) and Dispute Resolution Panel (DRP) made an addition based on the difference between the stamp duty value and the purchase consideration of the new flat.
What were the issues?
Whether the stamp duty value on the date of the original booking or the date of the agreement/part payment should be considered for addition under Section 56(2)(x) when an alternate property is allotted.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144C(13),Section 263,Section 145B,Section 56(2)(x)
AI-generated summary — verify with the full judgment below
Before: SHRI SAKTIJIT DEY & SHRI BIJAYANANDA PRUSETH
per the details given in page 2 of PB, the assessee had paid Rs.6,18,540/- to the
builder on 24/27.04.2015 by cheques issued from Union Bank of India. In view of
these facts, we are of the considered view that the stamp duty value of April, 2015
should be taken for determining the addition u/s 56(2)(x) of the Act and not the
ITA Nos.9188 & 9189/MUM/2025 Rizwana Mohamed Bhopalwala Individual and Mohamed Enayat Bhopalwala Individual
stamp duty value of May, 2017. However, the AO has not verified these details in
the assessment order. Therefore, we deem it proper to remand back the matter
to the AO for verification of the claim of the assessee regarding payments of
purchase consideration upto April, 2015 and allow the necessary relief as per law
after granting adequate and reasonable opportunity of being heard to the
assessee. The ground is partly allowed.
In the result, the appeal is partly allowed. ITA No.9188/Mum/2025 (AY 2018-19) 10. The grounds of appeal as well as the facts and circumstances of the above
appeal for assessment year 2018-19 are similar to the grounds and facts and
circumstances in case of Rizwana Mohd. Bhopalwala; therefore, the findings given
in the appeal for AY 2018-19 in ITA No.9189/Mum/2025 (supra) shall apply
mutatis mutandis to the assessment year 2018-19. Accordingly, the appeal is
partly allowed.
In combined result, both appeals are partly allowed. Order is pronounced on 09.09.2026.
Sd/- Sd/- (SAKTIJIT DEY) (BIJYANANDA PRUSETH) VICE PRESIDENT ACCOUNTANT MEMBER
*Aniket Chand; Sr. PS MUMBAI Date: 09.09.2026 Copy of the Order forwarded to: 9
ITA Nos.9188 & 9189/MUM/2025 Rizwana Mohamed Bhopalwala Individual and Mohamed Enayat Bhopalwala Individual
The Assessee 2. The Respondent 3. The CIT(A) 4. CIT 5. DR/AR, ITAT, MUMBAI 6. Guard File
By Order
Assistant Registrar ITAT, MUMBAI
More judgments on Section 144C(13)
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Autoform Sales Gmbh, Hyderabad vs ADIT (International Taxation) - 1, HyderabadITA 486/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Autoform Sales Gmbh, Hyderabad vs ADIT (International Taxation) - 1, HyderabadITA 498/HYD/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 4558/MUM/2023[2021-22]Status: Disposed16 Oct 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026