Addition u/s 43CA without allegation of receipt of amount more than sale consideration is unsustainable

DCIT Vs Divine Infracon Pvt. Ltd (ITAT Delhi) ITAT Delhi held that there are no evidence or allegation that there is receipt of money over and above sale consideration as disclosed in the sale deed, accordingly addition made on the basis of legal fiction created by section 43CA of the Income Tax Act is unsustainable in law. Facts- The assessee Company which is engaged in the business of running of hotels, filed its return for the A.Y. 2015-16 declaring loss of Rs. 27,83,37,701/-. The assessment proceedings have been initiated and the assessment order came to be passed on 04/06/2018 holding tha...