Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Addition u/s. 43CA quashed as stamp duty and agreement value difference is less than allowable limit

Case Law Details

TaxGuru Citation
2025 taxguru.in 6435
Case Name
Om Shriniwas Developers Vs ITO (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
Advertisement

Om Shriniwas Developers Vs ITO (ITAT Pune)

ITAT Pune held that addition by invoking provisions of section 43CA of the Income Tax Act cannot be sustained since the difference between the Stamp Duty Value and agreement value is less than the allowable limit of 5%.

Facts- Assessee is a partnership firm, engaged in the business of builders and developers. Post completion of scrutiny assessment, reassessment proceedings were initiated. During the proceedings u/s.148A of the Act, Assessee submitted that only two flats have been sold at a price which is less than stamp duty value. However, the difference is less than 5%. However, Assessing Officer rejected the contention of the assessee and held that Income chargeable to tax of Rs.2,18,495/- has escaped assessment.

Conclusion- Held that hon’ble Bombay High Court in the case of Mira Bhavin Mehta Vs. ITO held that the information relied upon while issuing notice under Section 148A(b) of the Act also relates to the said flat and entirely contradictory view is taken in the impugned order that the asset sold was short term capital asset and gain arising on transfer of the said flat is short term capital gain. In our view, the reopening of the assessment is purely on the basis of change of opinion of the AO from that held earlier during the course of assessment proceedings. This change of opinion does not constitute justification for assuming that income chargeable to tax has escaped assessment. Respectfully following Hon’ble Bombay High Court, we hold that notice u/s.148 is bad in law. Accordingly, Ground raised by the Assessee is allowed.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.