SHAMSHUDDIN ISMAIL BOAT,NAVI MUMBAI vs. ITO, MUMBAI

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ITA 4244/MUM/2026Status: DisposedITAT Mumbai21 September 20263 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee, through their authorized representatives, informed the Tribunal that they did not wish to pursue the present appeal at that stage and requested permission to withdraw it. Considering this request, the Income-Tax Appellate Tribunal (ITAT) dismissed the appeal as withdrawn. The specific issue regarding the addition of Rs. 52,15,000/- under Section 56(2)(vii)(b) of the Act, which was the sole ground of appeal, was therefore not adjudicated on its merits. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, Shamshuddin Ismail Boat, filed an appeal against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi. This order pertained to the assessment order passed under Section 143(3) of the Income-tax Act, 1961, for Assessment Year 2015-16. The appeal challenged an addition of Rs. 52,15,000/- to the assessee's income. This addition was made on the grounds that a property was purchased at a price lower than its stamp duty value. The appeal was filed against an appellate order dated 12.02.2026.

What were the issues?

1. Whether the addition of Rs. 52,15,000/- to the assessee's income under Section 56(2)(vii)(b) of the Income-tax Act, 1961, is justified, considering the property was purchased at a price lower than the stamp duty value? Assessee's Contention: The assessee contested the addition of Rs. 52,15,000/- on the ground that the property was purchased at a price lower than the stamp duty value. Revenue's Contention: The judgment does not record any specific contentions made by the revenue during the hearing before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 56(2)(vii)(b)

AI-generated summary — verify with the full judgment below

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR

For Appellant: shri Pawar / Dipali V Jadhav, ARs
For Respondent: Shri Basavraj Hiremath (CIT DR)
Hearing: 24.08.2026Pronounced: 21.09.2026

IN THE INCOME-TAX APPELLATE TRIBUNAL“G” BENCH, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER ITA No. 4244/MUM/2026 (A.Y. 2015-16) Shamshuddin Ismail Boat v/s. Income Tax Officer - B2-13/19, Tulja Bhavani बनाम 27(3)(3), Aayakar Bhavan, Marg, Juhu Nagar, Sector 15, M. K. Road, Churchgate, Vashi, Navi Mumbai – Mumbai – 400 020, 400703 Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AADPB2324B Appellant/अपीलार्थी .. Respondent/प्रतिवादी

Assessee by : Ms.Bhagyashri Pawar / Dipali V Jadhav, ARs Revenue by : Shri Basavraj Hiremath (CIT DR)

Date of Hearing 24.08.2026 Date of Pronouncement 21.09.2026 आदेश / O R D E R PER PRABHASH SHANKAR [A.M.] :- The instant appeal arising from the appellate order dated 12.02.2026 is preferred by the assessee against the order passed by the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] pertaining to assessment order passed u/s. 143(3) of the Income-tax Act, 1961

P a g e | 2 ITA No. 4244/Mum/2026 A.Y. 2015-16 Shamshuddin Ismail Boat [hereinafter referred to as “Act”] dated 29.09.2017 for the Assessment Year [A.Y.] 2015-16.

2.

In the only ground of appeal, the assessee contested the addition of Rs. 52,15,000/- to the income under Section 56(2)(vii)(b) on the ground that the property was purchased at a price lower than the stamp duty value.

3.

However, during the hearing, the ld.AR on behalf of the assessee submitted that he did not wish to pursue the present appeal before the Tribunal at this stage and therefore, sought permission to withdraw the present appeal. Considering the request of the assessee, the appeal is dismissed as withdrawn.

Order pronounced in the open court on 21/09/2026.

Sd/- Sd/- (NARENDER KUMAR CHOUDHRY) (PRABHASH SHANKAR) JUDICIAL MEMBER ACCOUNTANT MEMBER

Place: म ुंबई/Mumbai ददनाुंक /Date 21.09.2026 Lubhna Shaikh / Steno

P a g e | 3 ITA No. 4244/Mum/2026 A.Y. 2015-16 Shamshuddin Ismail Boat आदेश की प्रतितलति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER,

उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीलीय अतिकरण/ ITAT, Bench, Mumbai.

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