SMT. AMARJEET KAUR,DELHI vs. ACIT, NEW DELHI
What did the Tribunal hold?
The Tribunal held that the addition on account of undervaluation of property sold to the son was justified as it was grossly undervalued compared to another transaction in the same property. However, the addition for the forfeited amount was deleted as it was conditional on the assessee fulfilling certain obligations which she could not, and the amount was forfeited as per the sale deed.
What were the facts?
The assessee claimed capital gains on the sale of property. The Assessing Officer (AO) made additions on two counts: first, for alleged undervaluation of a property sold to her son, and second, for an amount forfeited by the buyer of another property due to non-fulfillment of certain obligations.
What were the issues?
Whether the sale consideration of a property sold to a relative was undervalued, and whether a forfeited amount due to non-fulfillment of sale deed conditions is taxable as capital gains.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH : A : NEW DELHI
Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE
per the sale deed, therefore, the sale consideration to the extent the obligations are not performed cannot be the part of the apparent consideration. In this view of the matter, we are of the considered opinion that the ld.CIT(A) was not justified in sustaining the addition of Rs.1.30 crore made by the AO. We, therefore, set aside the order of the CIT(A) on this issue and direct the AO to delete the addition. However, we make it clear that in case the assessee receives any amount out of the forfeited amount of Rs.1.30 crores on a future date, the same shall be taxed in the year of receipt. This ground of appeal raised by the assessee is accordingly allowed.
In the result, the appeal filed by the assessee is partly allowed. The decision was pronounced in the open court on 08.06.2021.
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Rangoli Hotel, Mehsana vs DCIT, Circle, Gandhinagar, GandhiangarITA 2286/AHD/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Satyavan vs. Commissioner Central Goods And Services Tax CommissionerUttarakhand · 4 Nov 2026
- Deepak Kumar Daiya vs. State Of West Bengal And Ors.Calcutta · 4 Nov 2026
- Mohammed Fazil vs. State Of ChhattisgarhChhattisgarh · 4 Nov 2026
- Tvl. Devaerakkam Mercy Mary vs. The Assistant Commissioner (St)Madras · 4 Nov 2026
- Procter And Gamble Health LTD vs. Union Of INDIATelangana · 4 Nov 2026