2025 (9) TMI 81

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...., Sr. DR ORDER PER SUNIL KUMAR SINGH (J.M): 1. This appeal has been preferred against the impugned order dated 12.11.2021 passed in Appeal no. CIT (A) 32, Mumbai/10570/2016-17 by the Ld. Commissioner of Income-tax(Appeals)/ National Faceless Appeal Centre (NFAC) [hereinafter referred to as the "CIT(A)"] u/s. 250 of the Income-Tax Act, 1961 [hereinafter referred to as "Act"] for the Assess....

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....ct on account of difference between the value of the property/consideration mentioned in the sale deed and that according to the stamp duty value. 3. Aggrieved, assessee preferred an appeal before learned CIT(A), who deleted part of aforesaid addition of Rs. 5,74,520/- added u/s. 41(1) and Rs. 2,40,000/- added u/s. 44 AD of the Act but confirmed the addition of Rs. 13,23,600/- added u/s. 43CA o....

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....d in confirming the action of the Learned Assessing Officer in making the Addition by way extending the scope & gambit of section 43CA of the Income Tax Act, 1961 without considering the fact that the said amount of Rs. 13,23,600/- never fall within the scope of Addition & Dis-allowance u/s 43CA of the Income Tax Act, 1961" 5. None responds for the assessee. Perusal of the records show that the....

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....eceived consideration of Rs. 45,00,000/- as a result of transfer of one flat at Wadala. The consideration shown to have been received by the assessee in the sale deed was less than the value of Rs. 58,23,600/- as adopted by the Government stamp duty valuation authority. Learned assessing officer thus added this difference in the income of the assessee u/s. 43CA of the Act in absence of any evidenc....