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2025 (1) TMI 1161 - AT - Income TaxAddition of income from other sources u/s 56(2)(x)(b) - addition made to the income of the assessee on account of immovable properties purchased by it for a consideration less than the stamp duty value - Whether orders passed by the lower authorities were in violation of the principles of natural justice due to their non-speaking nature? HELD THAT - Clearly the ld.CIT(A) s order appears to have been passed without any application of mind at all. Without finding any infirmity in the assesses submissions CIT(A) appears to be luking for reasons to dismiss assesses appeal when he states that the assessee had given no reason why the sale deed was registered in 2019. This when neither the AO nor the CIT(A) ever asked the assessee the reason why the registration took place after so many years. As both the authorities below have passed non-speaking orders. There is no reason at all in the orders of the authorities below for rejecting assesses explanation and invoking section 56(2)(x) of the Act. Resulting in no clarity as to what finding is to be challenged in appeal against the said orders. Such orders are violative of the principles of natural justice embodied in the maxim audi alteram partem which demand justice not only to be done but also appear to be done. Decided in favour of assessee.
ISSUES PRESENTED and CONSIDERED
The core legal issue in this appeal revolves around the addition made to the income of the assessee under section 56(2)(x)(b) of the Income Tax Act, 1961. The primary question is whether the difference between the stamp duty value and the actual consideration paid for immovable properties purchased by the assessee should be treated as income from other sources. The Tribunal also considered whether the orders passed by the lower authorities were in violation of the principles of natural justice due to their non-speaking nature. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents Section 56(2)(x)(b) of the Income Tax Act, 1961, deals with the taxation of income from other sources, specifically addressing situations where the consideration paid for an immovable property is less than the stamp duty value. The provision allows for the difference to be added to the income of the purchaser as income from other sources. The principles of natural justice, particularly the requirement for speaking orders, are well-established in Indian jurisprudence, as noted in several High Court and Supreme Court decisions. Court's Interpretation and Reasoning The Tribunal found that both the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT(A)] failed to provide reasoned orders. The AO did not adequately address the assessee's contention that the properties were purchased in 2008 and 2010, with the registration occurring in 2019 merely as a formality. The CIT(A) also dismissed the appeal without engaging with the assessee's submissions or providing a clear rationale for upholding the AO's decision. Key Evidence and Findings The assessee provided evidence that the properties were purchased and possession was taken in 2008 and 2010, with full consideration paid at that time. These facts were documented in agreements and sale deeds submitted to the AO. However, neither the AO nor the CIT(A) engaged with this evidence or provided reasons for rejecting the assessee's explanation. Application of Law to Facts The Tribunal noted that the AO and CIT(A) failed to apply the relevant legal principles to the facts presented by the assessee. The lack of reasoning in their orders meant that the application of section 56(2)(x)(b) was not justified, as there was no consideration of whether the transactions fell within the scope of the provision given the timing of the original agreements and payments. Treatment of Competing Arguments The Tribunal observed that the lower authorities did not adequately address the assessee's arguments or the evidence presented. The AO's and CIT(A)'s orders were non-speaking, lacking any substantive engagement with the assessee's submissions or the legal framework. Conclusions The Tribunal concluded that the orders of the AO and CIT(A) were unsustainable due to their failure to provide reasons, violating the principles of natural justice. As a result, the additions made to the assessee's income under section 56(2)(x)(b) were not justified. SIGNIFICANT HOLDINGS The Tribunal emphasized the necessity for speaking orders, citing established legal principles that require judicial and quasi-judicial authorities to provide reasons for their decisions. The Tribunal held that the absence of reasons in the orders of the AO and CIT(A) rendered them violative of the principles of natural justice, specifically the maxim "audi alteram partem." Core Principles Established The Tribunal reiterated the importance of reasoned orders to ensure transparency and fairness in judicial and quasi-judicial proceedings. It highlighted that justice must not only be done but also appear to be done, with reasoned conclusions providing the necessary appearance of justice. Final Determinations on Each Issue The Tribunal set aside the orders of the AO and CIT(A), directing the deletion of the additions made to the assessee's income. The appeal was allowed, underscoring the requirement for reasoned decision-making in tax assessments.
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