GOPAL KUMAR SAHA,KOLKATA vs. ITO, WARD-37(1), KOLKATA, KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the lower authorities erred in law and fact by making the addition. The genuineness of the agreement and part payment was not doubted, and there was no material to restrict the statutory provision to registered agreements only.
What were the facts?
The assessee purchased a property and the Revenue added the difference between the actual and stamp duty value to the income. The assessee had entered into a purchase agreement and made a part payment much earlier.
What were the issues?
Whether the difference between the actual and stamp duty value of a property purchased is taxable when an earlier purchase agreement and part payment exist, even if the agreement is not registered.
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 S. S. GODARA, JM
BEFORE SHRI S. S. GODARA, JM आयकर अपीलसं./ (�नधा�रण वष� / Assessment Year: 2015-16) Gopal Kumar Saha Vs. ITO, Ward – 37(1), Kolkata 54/5A, OM Building, Strand Road, Barabazar, Kolkata – 700 006. �थायीलेखासं./जीआइआरसं./PAN/GIR No.: ASUPS 7018 L (Appellant) .. (Respondent) Appellant by : None Respondent by : Shri Jayanta Khanra, JCIT, Sr. DR सुनवाईक�तार�ख/ Date of Hearing : 23/12/2019 घोषणाक�तार�ख/Date of Pronouncement : 31/12/2019 आदेश / O R D E R This assessee’s appeal for assessment year 2015-16 arises against the Commissioner of Income Tax (A)-11, Kolkata dated 27.03.2019 passed in case no.CIT(A)-11/Kol/10104/2017-18 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at assessee’s behest. The registry has already sent it an RPAD notice for today’s hearing. It is accordingly produced ex- parte.
The assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities’ action invoking section 56(2)(vii)(b)(ii) addition of Rs. 19,29,100/- on account of difference between actual and stamp price in the purchase deed executed on 26.11.2014. The Revenue’s only argument is that although the assessee had entered into corresponding purchase agreement on 17.03.2011 and paid cheque amount of Rs. 80,000/- on the very date, the same was not a registered document which could be taken as compliance of section 56(vii)(b) 1st and 2nd proviso to this effect. I find no Gopal Kumar Saha merit in the Revenue’s instant technical argument. The fact remains that neither of the lower authorities has doubted genuineness of assessee’s above stated agreement or part payment made by banking channel. There is further no material supporting the Revenue’s case that the above statutory behest is restricted to a registered agreement only. I therefore hold that both the lower authorities have erred in law as well as on fact in making the impugned tradition of Rs. 19,29,100/- . The same is directed to be deleted.
The assessee’s appeal is allowed
Order is pronounced in the open court on 31.12.2019.
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
Recent GST High Court judgments
Search GST case law →- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026