GOBIND,NEW DELHI vs. CIT(A), DELHI
What did the Tribunal hold?
The Tribunal ruled that "lease rights" do not fall under the definition of "immovable property" as per Section 56(2)(vii) Explanation (d)(i) and similar provisions in Section 50C, citing relevant case law. Consequently, the Tribunal concluded that the impugned addition made by the lower authorities was unsustainable and deleted it.
What were the facts?
The assessee challenged an addition of Rs. 27,98,544 made under Section 56(2)(vii)(b)(ii) for Assessment Year 2016-17, representing the difference between the actual purchase price and stamp duty value of a capital asset. The central issue was whether the asset, identified as "lease rights," could be considered "immovable property" for the purpose of this section.
What were the issues?
Whether "lease rights" constitute "immovable property" for the purpose of attracting an addition under Section 56(2)(vii)(b)(ii) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Punjab State Cooperative Agricultural Development Bank Ltd.192 citing389 ITR 68 · 2016 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R PER SATBEER SINGH GODARA, JM:
This assessee’s appeal for assessment year 2016-17 arises against National Faceless Appeal Centre (NFAC), Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1056275108(1), dated 19.09.2023, in case no. NFAC/2015-16/10132911, in proceedings u/s 147 read with section of the Income- tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties at length. Case file perused.
Coming to the assessee’s sole substantive ground challenging both the lower authorities’ action making section 56(2)(vii)(b)(ii) addition of Rs. 27,98,544/- representing the difference between actual purchase price of Rs. 36,65,640/- as against stamp price of the capital asset amounting to Rs. 64,64,184/-, it emerges at the outset from a perusal of the corresponding purchase deed itself dated 27.03.2016 that the relevant capital asset was in fact “lease rights” only than an “immovable property” with title. Faced with this clinching aspect, I hereby quote Section 56(2)(vii) Explanation (d)(i) that the legislature has envisaged “property” as “immovable property, being land or building or both”. It is made clear that similar provision is there in Section 50C of the Act wherein case law CIT v. Green Field Hotel & Associates Pvt. Ltd. (2017) 389 ITR 68 (Bombay) has settled the issue in assessee’s favour and against the department that lease rights are not covered under such a statutory expression. I, accordingly, find no reason to sustain the impugned addition which is deleted in very terms.
This assessee’s appeal is allowed in above terms.
Order pronounced in open court on 29.11.2024
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Ratul Boro vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Jashwant Sharma vs. The Union Of INDIA And A4 OrsGauhati · 14 Oct 2026
- Tvl. Jeyarani Shopping Centre vs. The Deputy State Tax Officer -1/The Deputy Commercial Tax OfficerMadras · 14 Oct 2026
- Rohan Tanna vs. Directorate General Of Goods And Services Tax IntelligenceChhattisgarh · 14 Oct 2026
- Dipak Saikia vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026