CIT v. Smt. K.C. Agnes

262 ITR 354High Court2003#4330 most cited

What is CIT v. Smt. K.C. Agnes authority for?

A registered sale deed cannot be disregarded for income tax purposes, even if an agreement or other document shows a higher purchase price. Addition under Section 69B cannot be made based solely on such discrepancies when a registered sale deed is available.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Smt. K.C. Agnes · registered sale deed · section 69B · addition · purchase price · agreement to sell · discrepancies · income tax act

Issues it is cited on

Judgments citing CIT v. Smt. K.C. Agnes

Charminar Bottling Company Private Ltd., Nagpur vs. Assistant Commissioner of Income Tax, Hyderabad

In the result, appeal of the assessee is partly allowed in above terms

ITA 1344/HYD/2013[2006-07]Status: DisposedITAT Hyderabad20 May 2021AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2006-07 Charminar Bottling Vs. Asst. Commissioner Of Company Pvt. Ltd., Income-Tax, Secunderabad. Circle – 8(1), Hyderabad. Pan – Aabcc2858E (Appellants) (Respondent) Assessee By: Smt. Kanika Jain Revenue By: Shri Rohit Mujumdar Date Of Hearing: 08/04/2021 Date Of Pronouncement: 20/05/2021 O R D E R Per L.P. Sahu, Am: This Appeal Filed By The Assessee For Ay 2006-07 Is Directed Against The Cit(A) - Iii, Hyderabad’S Order, Dated 12/07/2013 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 ; In Short “The Act”.

For Appellant: Smt. Kanika JainFor Respondent: Shri Rohit Mujumdar
Section 143(3)Section 69

…006 (@ paper book pg. 143-158) manifests that a different land for a different consideration was actually purchased. Thus no point arises by linking I coinciding loose sheets with a document which was never acted upon. Refer: a. CIT v. Smt. K. C. Agnes (2003) 262 ITR 354 (refer to judgment compendium page 38 para 5) b. ACIT, Delhi v. Kundan Singh 2019 SCC ONLINE 9558 (refer to judgment compendium page 27 para 5.4) 5. The AO and the Ld. CIT(A) have sought to challenge the validity of a duly registered document by saying that the name of purchaser on it was wrong. The same is not sustainable as the remedy to challe…