Case Law Details
Case Name : Harsha Rajan Mehrotra Vs NFAC/Circle (ITAT Mumbai)
Related Assessment Year : 2020-21
Courts :
All ITAT ITAT Mumbai
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Harsha Rajan Mehrotra Vs NFAC/Circle (ITAT Mumbai)
The Mumbai ITAT deleted the addition of ₹29.22 lakh made under Section 56(2)(x), holding that stamp duty value as on the date of booking/allotment (and not registration) must be adopted where consideration is fixed earlier and payments are made through banking channels.
The AO had taxed the difference between:
Purchase consideration: ₹80.92 lakh
Stamp duty value (on registration): ₹1.10 crore
treating ₹29.22 lakh as income.
However, the Tribunal noted:
The property was booked in 2012, and consideration was substantially fixed then,
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