SH.PAWAN ANAND,DEHRADUN vs. ITO, DEHRADUN
What did the Tribunal hold?
The Tribunal held that the difference between the stamp duty value and the actual sale consideration, arising from the deeming provision of Section 50C, cannot be considered concealment of income. Therefore, penalty under Section 271(1)(c) is not attracted.
What were the facts?
The assessee purchased a flat for Rs. 21,67,410, with Rs. 20 lakhs as sale consideration. The Assessing Officer added Rs. 10,68,000, the difference between the stamp duty value and sale consideration, as undisclosed income and initiated penalty proceedings.
What were the issues?
Whether the difference between stamp duty value and sale consideration, under Section 50C, constitutes concealment of income attracting penalty under Section 271(1)(c).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “DB” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI AVDHESH KUMAR MISHRA
आदेश /O R D E R
PER C.N. PRASAD, J.M.
This appeal is filed by the assessee against the order of the Ld. CIT(Appeals)-NFAC, Delhi dated 28.02.2024 for the AY 2016-17 in sustaining the penalty levied u/s 271(1)(c) of the Act.
We have heard the rival contentions, perused the orders of the authorities below. In this case, we noticed that an addition of Rs.10,68,000/- was made while completing the assessment u/s 143(3) r.w.s. 147 of the Act, being the difference between the stamp duty value and the actual sale consideration. The assessee purchased a flat in Dehradun for an amount of Rs.21,67,410/- out of which the sale consideration was Rs.20 lakhs and the stamp duty and other legal expenses were Rs.1,67,410/-. However, the market value as per the circle rate was Rs.30,68,000/- and therefore there was a difference of Rs.10,68,000/- between the actual consideration and stamp value and this amount was added as undisclosed income of the assessee by the Assessing Officer while completing the assessment. The Assessing Officer also initiated penalty proceedings for concealed particulars of income and levied penalty of Rs.2,93,083/-. On appeal the Ld. CIT(A) sustained the penalty.
In our considered view the difference between the stamp duty value and the actual sale consideration which was arrived on account of deeming provision u/s 50C cannot be said to be concealment of particulars of income. The assessee here neither concealed his income nor the particulars of such income so as to attract penalty u/s 271(1)(c) of the Act. Hence, we direct the Assessing Officer to delete the penalty levied u/s 271(1)(c) of the Act.
In the result, appeal of the assessee is allowed.
Order pronounced in the open court on 23/05/2025
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