2025 (5) TMI 1328 - AT - Income Tax

Addition u/s 56(2)(vii)(b)(ii) - difference between the stamp duty value and the agreement value of two residential flats purchased by the assessee - not referring the valuation matter to the Departmental Valuation Officer ( DVO ) despite the assessee s request ? - whether there is evidence that the assessee paid the consideration or part thereof in a mode other than cash on or before the date of agreement for transfer of the immovable properties. HELD THAT - In the present case it cannot be disputed that the value adopted by the stamp duty authority exceeds the value of the residential flats purchased by the assessee on the date of transfer and the value so adopted is also not in dispute in any appeal revision or reference before any Authority Court or High Court. Thus both the conditions of section 50C(2) of the Act are fulfilled in the present case. Accordingly we are of the considered view that the AO erred in not referring the valuation of the residential flats to the DVO. The impugned order also suffers from the same vice as despite recording submission of the assessee in this regard no reference was made to the DVO for the valuation as per the provision of the Act. Accordingly, we deem it appropriate to restore this issue to the file of the Jurisdictional AO for de novo adjudication after seeking a valuation report from the DVO as per the provisions of the Act. Grounds raised by the assessee are allowed for statistical purposes.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in this appeal are:

- Whether the addition of Rs. 14,34,500/- made under section 56(2)(vii)(b)(ii) of the Income Tax Act, 1961 ("the Act") on account of difference between the stamp duty value and the agreement value of two residential flats purchased by the assessee is justified.

- Whether the Assessing Officer ("AO") was correct in not referring the valuation matter to the Departmental Valuation Officer ("DVO") despite the assessee's request and submissions regarding deficiencies in the property and dispute over fair market value.

- Whether the learned Commissioner of Income Tax (Appeals) ("CIT(A)") erred in confirming the addition without considering the detailed submissions and affidavit filed by the assessee.

- The applicability and interpretation of the proviso to section 56(2)(vii)(b)(ii) read with section 50C(2) of the Act concerning the procedure for valuation disputes and reference to the DVO.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Justification of addition under section 56(2)(vii)(b)(ii) on difference between stamp duty value and agreement value

Relevant legal framework and precedents: Section 56(2)(vii)(b)(ii) of the Act provides that where immovable property is acquired for a consideration less than the stamp duty value by an amount exceeding Rs. 50,000/-, the difference is taxable as income from other sources. The stamp duty value is the value adopted by the stamp valuation authority as on the date of agreement.

Court's interpretation and reasoning: The Tribunal noted that the stamp duty value of the flats as on the date of agreement (Rs. 2,29,34,500/-) exceeded the agreement value (Rs. 2,15,00,000/-) by Rs. 14,34,500/-. The AO made an addition of this difference under section 56(2)(vii)(b)(ii). The Tribunal found no dispute regarding these facts.

Key evidence and findings: The AO's order and the CIT(A)'s impugned order confirmed the addition. The assessee's return declared income excluding this addition. The AO rejected the assessee's claim that the market value should be as per Ready Reckoner rates of 2012, due to lack of evidence on mode and timing of payment.

Application of law to facts: The AO correctly applied section 56(2)(vii)(b)(ii) in making the addition based on the difference between stamp duty value and agreement value exceeding Rs. 50,000/-. The Tribunal accepted that the addition prima facie falls within the scope of the provision.

Treatment of competing arguments: The Revenue relied on the absence of evidence to support the assessee's claim of payment mode and valuation. The assessee argued that the valuation adopted by the stamp duty authority was not reflective of the fair market value due to various deficiencies in the property and requested referral to the DVO.

Conclusions: The addition under section 56(2)(vii)(b)(ii) is prima facie justified on the facts, subject to resolution of valuation dispute.

Issue 2: Whether the AO erred in not referring the valuation matter to the DVO despite the assessee's request and affidavit

Relevant legal framework and precedents: The proviso to section 56(2)(vii)(b)(ii) mandates that where the stamp duty value is disputed by the assessee on grounds mentioned in section 50C(2), the AO may refer the valuation to the DVO. Section 50C(2) states that if the assessee claims that the stamp duty value exceeds the fair market value and the value has not been disputed in any appeal or revision, the AO may refer the valuation to the Valuation Officer.

Court's interpretation and reasoning: The Tribunal observed that the assessee had specifically disputed the stamp duty value on grounds such as incomplete construction, poor maintenance, lack of occupation certificate, and other deficiencies. The assessee had filed an affidavit affirming these facts and requesting referral to the DVO. The Tribunal noted that the value adopted by the stamp duty authority was not disputed in any appeal or revision, satisfying the conditions of section 50C(2).

The Tribunal held that the AO erred in not referring the valuation to the DVO as mandated by the proviso to section 56(2)(vii)(b)(ii) read with section 50C(2). The CIT(A) also failed to consider this aspect adequately and did not direct such reference despite noting the submissions.

Key evidence and findings: The affidavit sworn by the assessee detailed the deficiencies and the request for DVO valuation. The impugned order acknowledged the submissions but did not act on them by referring the matter to the DVO.

Application of law to facts: Since the assessee disputed the stamp duty value on valid grounds and no appeal or revision was pending, the AO was obligated to refer the valuation to the DVO. Failure to do so renders the addition unsustainable without proper valuation.

Treatment of competing arguments: The Revenue contended that the addition was correct as per law and no evidence was produced to show payment other than cash. However, the Tribunal emphasized that the procedural requirement to seek DVO valuation on dispute was not fulfilled, which is a mandatory safeguard for the assessee.

Conclusions: The AO and CIT(A) erred in not referring the valuation to the DVO. The matter requires de novo adjudication after obtaining a DVO report.

Issue 3: Whether the CIT(A) erred in not considering the detailed submissions and affidavit of the assessee

Relevant legal framework and precedents: Principles of natural justice require that the appellate authority consider all submissions and evidence placed before it. Failure to do so may render the order bad in law.

Court's interpretation and reasoning: The Tribunal found that although the CIT(A) recorded the assessee's submissions regarding deficiencies and request for DVO valuation, there was no substantive discussion or rebuttal of these points in the impugned order. This omission was held to be against natural justice and bad in law.

Key evidence and findings: The affidavit and submissions made during appellate proceedings were on record but not addressed in the impugned order.

Application of law to facts: The CIT(A)'s failure to consider and discuss the assessee's submissions amounted to non-application of mind and denial of opportunity to the assessee.

Treatment of competing arguments: The Revenue did not specifically counter this procedural lapse but relied on the correctness of the addition.

Conclusions: The CIT(A) erred in not considering the assessee's submissions and affidavit, rendering the order infirm.

3. SIGNIFICANT HOLDINGS

"The AO erred in not referring the valuation of the residential flats to the DVO as mandated under the proviso to section 56(2)(vii)(b)(ii) read with section 50C(2) of the Act."

"The impugned order also suffers from the same vice as despite recording submission of the assessee in this regard, no reference was made to the DVO for the valuation as per the provision of the Act."

"No order shall be passed without affording a reasonable and adequate opportunity of hearing to the assessee."

Core principles established include:

- Where the stamp duty value exceeds the consideration and the assessee disputes the stamp duty value on grounds mentioned in section 50C(2), the AO is obligated to refer the valuation to the DVO before making any addition under section 56(2)(vii)(b)(ii).

- The appellate authority must consider and address all submissions and evidence placed before it; failure to do so violates natural justice.

- In absence of DVO valuation, additions based on stamp duty value differences cannot be sustained.

Final determinations on each issue:

- The addition under section 56(2)(vii)(b)(ii) is not sustainable without proper valuation by the DVO.

- The AO and CIT(A) erred in not referring the matter to the DVO despite valid dispute and request by the assessee.

- The matter is restored to the file of the AO for de novo adjudication after obtaining DVO valuation and after affording the assessee adequate opportunity of hearing.

- The appeal is allowed for statistical purposes, setting aside the impugned order.