AYSHABI ABDUL MAJID SHAIKH,MUMBAI vs. ITO 26(1)(4), MUMBAI
What did the Tribunal hold?
The Tribunal held that the Assessing Officer failed to refer the property valuation to the Departmental Valuation Officer (DVO) as required by the proviso to Section 56(2)(vii)(b)(ii) when the assessee disputed the stamp duty value. The issue of deduction under Section 80TTA was also restored.
What were the facts?
The assessee purchased an immovable property for Rs. 47,00,000, but the Stamp Duty Authority valued it at Rs. 50,12,500. The Assessing Officer added the difference of Rs. 3,12,500 to the assessee's income under Section 56(2)(vii)(b)(ii).
What were the issues?
Whether the Assessing Officer correctly added the difference between sale consideration and stamp duty value without referring to the DVO. Whether the assessee is eligible for deduction under Section 80TTA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
PER SAKTIJIT DEY, JUDICIAL MEMBER; 1. This is an appeal by assessee against the order dated 16.10.2018 of ld. Commissioner of Income Tax (Appeals)-38, Mumbai [for short ‘the ld. CIT(A)] for Assessment Year 2015-16. 2. When the appeal was called for hearing, no one was present on behalf of the assessee to represent the case. However, considering the nature of dispute, I proceed to dispose of the appeal ex-parte qua the assessee after hearing the ld. Departmental Representative and on the basis of materials available on record. 3. In Ground No. 1, the assessee has challenged the addition made of Rs. 3,12,500/- under section 56(2)(vii)(b) (ii) of the Income Tax Act on account Mum 2019-Ayshabi Abdul Majid Shaikh of the difference between the sale consideration as per the sale-deed and value adopted by the Stamp Duty Authority.
Briefly the facts are, the assessee is an individual. For the Assessment Year under dispute, he filed his return of income on 30.10.2015 declaring total income at Rs. 11,03,390/-. On verification of material on record during the assessment proceeding, the Assessing Officer noticed that during the year under consideration, the assessee had purchased an immovable property for a total sale consideration of Rs. 47,00,000/- as per the sale-deed. However, the Stamp Duty Authority has valued the property at Rs. 50,12,500/- for Stamp Duty purpose. Therefore, he called upon the assessee to explain as to why the differential amount should not be treated as his income under section 56(2)(vii)(b) (ii) of the Act. Though, the assessee objected to the proposed addition, however, rejecting the submission of the assessee, the Assessing Officer added back the differential amount of Rs. 3,12,500/- to the income of the assessee. Ld. CIT(A) also sustained the aforesaid addition.
I have considered the submissions of ld. Departmental Representative and perused the materials on record.
It is evident, before the Assessing Officer the assessee has filed a submission on 09.11.2017, wherein, he has specifically raised objection against the adoption of the value determined by the Stamp Duty Authority.
The assessee had submitted that the property purchased is more than 30 Mum 2019-Ayshabi Abdul Majid Shaikh years old. Hence, the consideration paid is as per the market rate. It was submitted by the assessee that the value determined by the Stamp Duty Authority is as per the ready reckoner and without taking into note the condition of the property. The aforesaid submission of the assessee has not at all been given due consideration either by the Assessing Officer or by ld. CIT(A). As per 3rd proviso to section 56(2)(vii)(b)(ii) in a case where the stamp duty value of the property is disputed by the assessee, the Assessing Officer has to refer the valuation of such property to the Departmental Valuation Officer (DVO). In the facts of the present case, undisputedly the aforesaid statutory mandate has not been followed. This, in my view is contrary to the provisions of the Act. More so, when the difference between the sale consideration as per sale-deed and the value determined by the Stamp Valuation Authority is comparatively less i.e. only an amount of Rs. 3,12,500/-. In such circumstances, the Assessing Officer should have referred the valuation to the DVO to ascertain the value of the property. The Assessing Officer having failed to do so, I am inclined to restore the issue to the file of Assessing Officer to refer the valuation of the property to the Valuation Officer in terms with the statutory provision and thereafter decide the issue after due opportunity of being heard to the assessee. This ground is allowed for statistical purposes.
In Ground No.2, the assessee has raised the issue of non-grant of deduction under section 80TTA of the Act. As it appears, the aforesaid issue has been ITA No. 988 Mum 2019-Ayshabi Abdul Majid Shaikh raised by the assessee for the first time before the Tribunal. However, since I have restored the issue relating to the valuation of the property to the Assessing Officer, I deem it appropriate to also restore this issue to the Assessing Officer for adjudication after due opportunity of being heard to the assessee. This ground is allowed for statistical purposes.
Ground No.3 being a general ground is dismissed.
In the result, appeal of assessee is allowed for statistical purposes.
Order pronounced under rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963 by placing in the notice board on 13th October 2020.
More judgments on Section 56(2)(vii)(b)(ii)
- Shri Rasik Ballabh Rastogi, Lucknow vs Income Tax Officer- 6(3), LucknowITA 445/LKW/2019[2014-15]Status: Disposed24 Sept 2026AY 2014-15
- Sita Ram Meena Income Tax Officer… vs Vivek Omprakash Abrol, MumbaiITA 4618/MUM/2026[2016-17]Status: Disposed21 Sept 2026AY 2016-17
- ITO, Mumbai vs Fiero Fernandes, MumbaiITA 6372/MUM/2026[2015-16]Status: Disposed9 Sept 2026AY 2015-16
- Jyoti Satish Naik As Wife and Legal Heir of… vs ITO, Ward 4(4), ThaneITA 2373/MUM/2026[2010-11]Status: Disposed9 Sept 2026AY 2010-11
- Tirupataiah Phanithi, Hyderabad vs ITO, Ward-1(1), VijayawadaITA 608/VIZ/2025[2017-18]Status: Disposed31 Aug 2026AY 2017-18
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