SUDISH SINGH,PURULIA vs. INCOME TAX OFFICER, PURULIA

ITA 1216/KOL/2025Status: DisposedITAT Kolkata25 September 2026AY 2018-20195 pages
AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that the addition regarding property no.1 was unsustainable as the DVO's report was not received within the stipulated time. For the other three properties, the tribunal found that the AO had not confronted the assessee with the available data, and since the assessee denied purchasing them, no addition could be made.

What were the facts?

The assessee's appeal was delayed by 2 days, which was condoned by the tribunal. The Assessing Officer (AO) made an addition of ₹86,42,658/- under section 56(2)(x) on account of four properties, alleging a difference between purchase consideration and stamp duty value.

What were the issues?

Whether additions under section 56(2)(x) are valid when the DVO's report is delayed or when the assessee denies ownership of the properties and is not confronted with evidence.

Which sections of the Income-tax Act were involved?

Section 56(2)(x),Section 143(3),Section 144B,Section 142A(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

For Appellant: Shri P.J. Bhide, AR
For Respondent: Shri S.B. Chakraborthy, DR
Hearing: 19.03.2026Pronounced: 25.09.2026

Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 26.03.2025 for the AY 2018-19. 2. At the outset, we note that the appeal of the assessee is barred by limitation by 02 days. At the time of hearing the counsel of the assessee explained the reasons for delay in filing the appeal. The Ld. D.R did not raise any objection in condoning the delay. After hearing the rival contentions and perusing the materials available on record, we find that the delay is for bonafide and genuine reasons and, hence, we Sudish Singh; A.Y. 2018-19 condone the delay and adjudicate the appeal in the following paras.

3.

The only issue raised by the as

The order continues below.

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