2025 (3) TMI 2181

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....he Revenue : Shri Umesh Chandra Sinha, Ld. Sr.D.R. ORDER PER : NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER: This appeal has been preferred by the Assessee against the order dated 12.11.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short 'the Act') for th....

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....amp duty value, therefore it was opined by the AO that the provision of section 43CA would be applicable and therefore he showcaused the Assessee about the applicability of the section 43CA of the Act and as to why the difference of Rs. 58,72,378/- between the consideration shown by the Assessee and the stamp duty value, should not be added to the total income of the Assessee. 4. The Assessee i....

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....he Act, ultimately treated the difference between stamp duty value and agreement value in respect of above mentioned three agreements, which worked out to Rs. 58,72,378/- in total, added to the total income of the Assessee, however, in the order in para 9 has observed as under: "The Assessee during the scrutiny proceedings requested to refer the matter to DVO to determine the fair market ....

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....s below and the contentions raised by the parties. Admittedly, in para no.9 of the assessment order, it is categorically recorded by the AO that matter was getting barred by limitation on 31.12.2016 and therefore without waiting further for the DVO report, the AO vide order dated 27.12.2016 u/s 143(3) of the Act completed the assessment but subject to the modification if any to be brought by the D....