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10% Safe Harbour Under Section 56(2)(x) Applies Retrospectively: Mumbai ITAT

Case Law Details

Case Name
Padmavati Developers Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement Padmavati Developers Vs ITO (ITAT Mumbai) The Mumbai ITAT held that the 10% tolerance band introduced under Section 56(2)(x)(b)(B) by the Finance Act, 2020 is curative and retrospective in nature, and therefore applicable even for AY 2018-19. Accordingly, the Tribunal deleted the addition made on account of difference between purchase consideration and stamp duty valuation where the variation was only 7.44%. The assessee had purchased immovable property for ₹1.50 crore whereas the stamp duty authority adopted a value of ₹1.61 crore, resulting in a difference of ₹11.16 la...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,965

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