RAGHVENDRA SINGH,HOWRAH vs. INCOME TAX OFFICER, BAMBOO VILLA, CALCUTTA

ITA 1763/KOL/2025Status: DisposedITAT Kolkata09 December 2025AY 2018-19Bench: Shri Duvvuru RL Reddy (Vice President)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Appeals) had correctly analyzed the facts and contentions and dismissed the assessee's appeal. However, the Tribunal decided to remit the matter back to the Assessing Officer to obtain the DVO's report and pass an appropriate order after providing an opportunity to the assessee.

What were the facts?

The assessee purchased a property for Rs. 1.73 crore, which was significantly lower than the stamp duty value. The Assessing Officer added the difference to the assessee's income under Section 56(2)(x)(b) of the Income Tax Act, 1961, as the DVO's valuation was pending and the assessment was time-barred.

What were the issues?

Whether the addition made by the AO under Section 56(2)(x)(b) based on SRO value is sustainable without the DVO's report when the assessment is time-barred, and whether the assessee's contentions regarding property deficiencies were adequately considered.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 142(1),Section 56(2)(x)(b),Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ)

The present appeal is directed at the instance of assessee against the order of Id. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 04.06.2025 passed for Assessment Year 2018-2019. 2. The facts in brief are that the assessee is an individual, who filed his return of income declaring total income of Rs.9,45,530/-.

1 Raghvendra Singh

Accordingly notice under section 143(2) of the Act dated 28.09.2019 was issued and served on the assessee. F

The order continues below.

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