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    <title>2025 (7) TMI 1481 - ITAT PUNE</title>
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    <description>The ITAT Pune held that the addition under section 56(2)(x)(b) was not maintainable as the difference between the purchase price paid by the assessee and the Fair Market Value (FMV) determined by the DVO was only 4%, which falls within the 5% tolerance band prescribed by the amendment effective from 01/04/2019. The DVO&#039;s valuation was also found flawed since it compared flats on higher floors, which typically command higher prices, to the assessee&#039;s flat on a lower floor. Consequently, the appeal by the assessee was allowed, and the addition was deleted.</description>
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      <title>2025 (7) TMI 1481 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=775413</link>
      <description>The ITAT Pune held that the addition under section 56(2)(x)(b) was not maintainable as the difference between the purchase price paid by the assessee and the Fair Market Value (FMV) determined by the DVO was only 4%, which falls within the 5% tolerance band prescribed by the amendment effective from 01/04/2019. The DVO&#039;s valuation was also found flawed since it compared flats on higher floors, which typically command higher prices, to the assessee&#039;s flat on a lower floor. Consequently, the appeal by the assessee was allowed, and the addition was deleted.</description>
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