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Addition under Section 56(2)(vii)(b) Deleted; Stamp Duty Difference within 10% Tolerance
Case Law Details
- Case Name
- Naresh Kumar Morya Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Delhi
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Naresh Kumar Morya Vs ITO (ITAT Delhi)
The Delhi Bench of the ITAT allowed the appeal of Naresh Kumar Morya for AY 2017-18 and deleted the addition of ₹3.33 lakh made under section 56(2)(vii)(b) on account of alleged undervaluation of immovable property.
The assessee had purchased a residential flat for a consideration of ₹49 lakh, whereas the stamp duty value was ₹52.33 lakh. The Assessing Officer treated the differential amount as income from other sources and made an addition, which was confirmed by the NFAC/CIT(A).
The Tribunal held that the difference between the actual consideratio...




