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Facts
The assessee appealed against an addition of Rs. 7.88 lakhs made under Section 56(2)(x)(b) for Assessment Year 2019-20. This addition arose because the actual purchase cost of a capital asset (Rs. 4.90 lakhs) was significantly less than its stamp value (Rs. 12.78 lakhs), and the lower authorities did not refer the valuation to a DVO.
Held
The Tribunal, relying on the `Sunil Kumar Aggarwal` judgment which makes DVO reference mandatory even without taxpayer objection, restored the appeal to the Assessing Officer. This was for a fresh adjudication, as no DVO reference was made by the lower authorities under the 3rd proviso to Section 56(2)(x) read with Section 50C(2).
Key Issues
1. Whether an addition under Section 56(2)(x)(b) is justified based on the difference between actual purchase price and stamp duty value of a capital asset. 2. Whether a reference to the DVO is mandatory under the 3rd proviso to Section 56(2)(x) read with Section 50C(2) in such cases.
Sections Cited
Income Tax Act, 1961, Section 147, Section 56(2)(x)(b), Section 50C(2)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
O R D E R
This assessee’s appeal for Assessment Year 2019-20, arises against the order of CIT(A)/NFAC, Delhi dated 01.08.2024 in case No. ITBA/NFAC/S/250/2024-25/106722364(1), in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. She is accordingly proceed ex-parte.
Mr. Bansal vehemently submits during the course of hearing that the assessee/ purchaser had admittedly paid actual purchase cost of Rs. 4.90 lakhs as against stamp value of the relevant capital asset amounting to Rs. 12.78 lakhs and therefore, the impugned section 56(2)(x)(b) addition of Rs. 7.88 lakhs has been rightly made in her hands. 4. It is noticed in this factual background that no reference to the DVO appears to have been made by the learned lower authorities u/s 56(2)(x) read with 3rd proviso thereto which has adopted u/s 50C(2) of the Act mutatis mutandis. And case law Sunil Kumar Aggarwal Page | 1 Krishna (2015) 372 ITR 83 (Cal.) holds that the same is indeed mandatory in nature even in absence of taxpayers objections to this effect. I, accordingly, deem it appropriate in these peculiar facts to restore the assessee’s instant appeal to the Assessing Officer for his appropriate afresh adjudication as per law. 5. This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 24/12/2024.