Debasis Das Vs ITO (ITAT Kolkata)
No Straight Reliance on Stamp Value – DVO Valuation Must Precede 56(2)(x) Addition-Tribunal Protects Assessee from Mechanical Addition Based on Stamp Duty Value
Assessee had filed return declaring income of Rs. 19.98 lakh. During scrutiny, AO noted that Assessee along with his wife, Smt. Nineesha Das, had purchased a plot for Rs. 79.92 lakh while the stamp duty value was Rs. 1.39 crore. Assessee’s 3/4th share of the differential amount of Rs. 59.94 lakh was worked out at Rs. 44.95 lakh, which AO added as income from other sources u/s 56(2)(x). The CIT(A)/NFAC upheld the addition.
Before the Tribunal, the Assessee referred to the decision in his wife’s case Smt. Nineesha Das v. ITO (ITA No. 794/Kol/2025; order dated 15.07.2025), where on identical facts, the Tribunal had set aside the issue to the AO with a direction to refer valuation to the DVO before making any addition u/s 56(2)(x). It was contended that since both cases involved the same property transaction, consistency demanded that the same approach be adopted. Revenue fairly conceded that the issue could be remanded in line with the wife’s case.
Tribunal agreed, holding that judicial consistency required the issue to be restored to AO with a direction to obtain a valuation from the DVO & decide the matter afresh. Accordingly, the addition of Rs. 44.95 lakh was set aside, & the appeal was allowed for statistical purposes.
