referred to in the second proviso to sub-section (1) of section 43CA, the provisions of sub-item (ii) of item (B) shall have effect
Section 12 in THE FINANCE ACT, 2021
12. Amendment of section 43CA.
In Section 43CA of the Income-tax Act,- (a) in sub-section
Agreement Value i.e.
Rs.12,71,500/- under section 43CA of the Income Tax Act,1961 (in short 'the
Act'). Aggrieved ... facts upheld the
addition made by the Assessing Officer u/s 43CA of the Act. The ld. Authorized
Representative of the assessee pointed that
against the
confirmation of disallowance of Rs.9,18,700/- u/s.43CA of the
Income-tax Act, 1961 (hereinafter also called ... value. The assessee furnished
such an information. Invoking the provisions of section 43CA of
the Act in respect of one transaction where the difference
determined by the Stamp Duty Authority should not be added u/s 43CA of the
Act. Though the assessee objected to the proposed addition; however ... authority, the assessee urged
a preliminary ground that th provisions of section 43CA having introduced into
the statute by Finance
making addition of
Rs.54,88,952/- u/s 43CA of IT Act, being the difference between the sale value
recorded in books and stamp ... making addition of Rs.54,88,952/- u/s 43CA of the Income Tax Act 1961
(hereinafter the 'Act') without referring the case
respectively.
5. To verify the applicability of section 43CA in respect of sale
deed executed below stamp duty value.
6. To verify the applicability ... aside.
14. Point no.5 of the directions concern applicability of Section
43CA in respect of sale deed alleged to be executed below stamp duty
view of the insertion of proviso to sub sec. 1 to sec. 43CA of the Act by the
Finance ... Lacs which led Ld. AO
to invoke the provisions of Sec.43CA against the assessee to make
impugned additions of differential amount
making addition of Rs.
5,39,711/- U/s 43CA of the Income Tax Act, 1961. The action of ld.
CIT(A) is illegal, unjustified ... registration were not
same. The AO proposed to make addition under section 43CA on the
differential amount of consideration shown in the document
Patel
Rs.1,13,43,600/- by applying the provisions of Section 43CA of the Act.
According to the ld. PCIT ... incorrectly applying the
provisions of law of Section 43CA of the Act while adjudicating the issue,
even though relevant enquiries were indeed made