Brief of the case :
The Hon’ble Punjab & Haryana High Court in case of B.M.J Real Estate P. Limited held that where the consideration received or accrued as a result of transfer of capital asset being the land or building is less than the value adopted or assessed by the stamp valuation authorities, then as per Sec 50C(1) the value so adopted for the purpose of stamp duty value shall be deemed to be full value of consideration arising as a result of transfer for the purpose of computation of capital gains.
Facts of the case:
- Assessee company for AY 2006-07 filed its return of income of Rs. 25,26,880/- on 27.11.2006 which was picked up for scrutiny. AO made an addition of Rs 51,72,000/- to the income of assessee by taking the stamp duty value of Rs. 1.25 crores as full value of consideration instead of transactional value Rs. 1.25 crores. CIT(A) upheld the order of the Assessing Officer and dismissed the appeal.
- Tribunal also dismissed the appeal by holding that AO was right in adopting the stamp duty value as sale consideration because the consideration declared was lesser than that. The perusal of the grievances raised by the assessee reflected that all the grievances were against the valuation framed by the Valuation Officer and even if the value is reduced as per the said grievances, there is no substance in the grievance of the assessee where reduced value has been adopted by the CIT(Appeals) as fair market value of the property.
- Aggrieved by the order of tribunal, the assessee is in appeal before the High Court.
Contention of the Assessee:
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