2022 (9) TMI 335 - AT - Income Tax

Addition u/s. 56(2)(vii)(b) - difference between the stamp duty value and agreement value of the property - HELD THAT - From perusal of proviso to section 56(2)(vii)(b) we find that in case the date of agreement fixing amount for consideration for the transfer of immovable property and the actual date of registration of the property are not the same, then the stamp duty value on the date of agreement may be taken for the purpose of the valuation of the impugned property if total or part of the consideration referred in such agreement is paid in a mode other than cash on or before the date of such agreement. The assessee was also provided a payment schedule and thereafter on 1.9.2011 the said agreement took place between M/s. Ideal Real Estate P. Ltd. others and assessee showing sale consideration - As per payment schedule the assessee made first payment on 24-3-2011 through bank by a/c payee cheque of Rs. 1 lakh and subsequently payment was made on various occasions during the financial years 2011-12, 2012-13 and 2013-14. Therefore, it remains an uncontroverted fact that the immovable property in question was agreed to be purchased vide agreement dt. 01-09-2011 and part consideration was paid by account payee cheque before the date of agreement, and, therefore, the value as per stamp valuation authority as on the date of agreement (01.09.2011) should have been taken for the purpose of computing the fair market value (FMV) of the property as contemplated in section 56(2)(vii)(b) - Since it is not in dispute before us that as on 1.9.2011 the value of said property as per stamp valuation authority is not more than the purchase consideration shown in the agreement we are of the view that no addition should have been made by the Ld. AO in the hands of the assessee u/s. 56(2)(vii)(b) - We, therefore, reverse the finding of the Ld. CIT(A) and delete the addition - Thus, effective grounds raised by the assessee are allowed.

Summary

Issues:
1. Addition u/s. 56(2)(vii)(b) for the assessment year 2014-15.
2. Recognition of fair market value of the property.
3. Interpretation of stamp duty value and agreement value.

Analysis:

Issue 1: Addition u/s. 56(2)(vii)(b) for the assessment year 2014-15:
The appeal pertains to the addition of Rs. 11,78,985 under section 56(2)(vii)(b) of the Income-tax Act for the assessment year 2014-15. The Assessing Officer (AO) made the addition as 50% of the differential amount between the stamp duty value and the actual purchase consideration. The appellant contended that the section is not applicable to properties purchased before the assessment year 2014-15. The Tribunal noted that the property in question was agreed to be purchased on 01-09-2011, and part consideration was paid before that date. As per the proviso to section 56(2)(vii)(b), if the agreement date and registration date differ, the stamp duty value on the agreement date can be considered. Since the stamp duty value as on 01-09-2011 was not more than the purchase consideration, the addition was deemed unwarranted, and it was deleted.

Issue 2: Recognition of fair market value of the property:
The appellant submitted documents regarding the fair market value of the property adjacent to the one in question to support their case. They argued that the value of the property should be based on the stamp duty value as on 01-09-2011, the date of the agreement. The Tribunal considered these submissions along with the payment schedule and found that the value as per stamp valuation authority on the agreement date should be adopted for computing the fair market value. The Tribunal accepted the appellant's contention and ruled in their favor.

Issue 3: Interpretation of stamp duty value and agreement value:
The Tribunal analyzed the provisions of section 56(2)(vii)(b) which deal with the valuation of immovable property for income tax purposes. It highlighted the importance of considering the stamp duty value on the agreement date if the agreement and registration dates differ. By applying this provision to the facts of the case, the Tribunal concluded that the stamp duty value on the agreement date should be used for valuation, leading to the deletion of the addition made by the AO.

In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing the correct interpretation of the provisions related to the valuation of property for income tax assessment. The decision was based on the specific facts and legal provisions applicable to the case, resulting in the deletion of the addition made under section 56(2)(vii)(b) for the assessment year 2014-15.