NINEESHA DAS,HOOGHLY vs. ITO, WARD 23(1), , HOOGHLY
What did the Tribunal hold?
The Tribunal noted that the AO did not justify the 25% addition and failed to follow the procedure for DVO valuation under Section 56(2)(x) as per High Court ruling. Despite the assessee's non-appearance before lower authorities, the case is remanded to the AO for readjudication with proper opportunity, conditional on the assessee paying Rs.25,000/- costs to Legal Aid Services within 60 days.
What were the facts?
The assessee purchased a commercial property for Rs.59,94,000/-, while its Sub-Registrar Valuation was Rs.1,39,86,000/-. The Assessing Officer (AO) proposed to treat 25% of the differential amount of Rs.59,94,000/- as income under Section 56(2)(x), and the CIT(A) passed an ex-parte order.
What were the issues?
The key issues were the lack of justification for taxing 25% of the differential property value under Section 56(2)(x) and the AO's failure to initiate DVO valuation, coupled with the assessee's non-appearance before lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA
Before: SHRI GEORGE MATHAN
आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : अपीलाथी / The Appellant- 1.
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- Gautam Kumar Singh, Etawah vs ITO, Ward 2(2)(5), EtawahITA 256/AGR/2026[2020-21]Status: Disposed30 Sept 2026AY 2020-21
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