2025 (9) TMI 1493

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....sidering the actual purchase consideration of the landed property, the enhance valuation determined by stamp duty valuer is mere a guess work and such enhanced valuation is without any basis. Hence such enhancement shall liable to be quashed. 3. That the Assessing Officer ought to have considered the alternative remedy which are available in Income Tax Act and refer this matter to the DVO for fresh valuation. 4. That on the basis of mere difference between stamp duty valuation and actual sale consideration shall not be the sole determination for such unlawful and illegal addition. Hence the benefit of law which are available and prescribed in the act shall be taken into consideration at the time of such determination of su....

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....e of the property as determined by the stamp duty authority at Rs. 59,94,000/- u/s. 56(2)(x) of the Act. 3. On appeal, the ld.CIT(A) sustained the addition made by the AO. 4. Ld. counsel for the assessee referring to the decision of the coordinate bench of the Tribunal in assessee's wife's case namely Smt. Nineesha Das, in ITA No.794/Kol/2025, order dated 15.07.2025, submitted that the additions made by the Assessing Officer towards difference in sale consideration and fair market value of the property in the case of Smt. Nineesha Das, the wife of the assessee has been set aside to the Assessing Officer with a direction to reconsider the issue after referring the valuation of the property to the DVO before making any addition u/s. 56(....