Bank Valuation Report and DVO Estimates Cannot Justify Massive Additions Under Section 153A in Absence of Search Evidence
Meetu Kumari | Dec 20, 2025 |
ITAT Rejects Valuation-Based Additions in Search Assessment Without Incriminating Material
The assessee, an individual, had filed her return for AY 2005-06 declaring income of Rs. 32,110. A search under Section 132 was conducted on the group on 06.11.2008, after which a notice under Section 153A was issued. In response, the assessee reiterated the originally declared income. However, the Assessing Officer completed the assessment by making additions of Rs. 10.53 crore towards alleged unexplained investment in property and Rs. 31.15 lakh towards short-term capital gains, largely based on a bank valuation report and DVO estimates.
In appeal, the CIT(A) deleted most of the additions, restricting the unexplained investment to Rs. 15.75 lakh and deleting the capital gains addition entirely. After an earlier remand by the Tribunal to examine the presence of incriminating material in light of Kabul Chawla, the Assessing Officer again made similar additions, which were once more curtailed by the CIT(A). The Revenue carried the matter to the ITAT.
Issue Before ITAT: Whether additions could be sustained in a Section 153A assessment on the basis of valuation reports and estimates, without any incriminating material found during the search.
ITAT’s Decision: The ITAT upheld the CIT(A)’s order. It held that the bank valuation report relied upon by the Assessing Officer was obtained for loan purposes and did not constitute incriminating material found during the search. The CIT(A) had correctly adopted a reasonable method by comparing contemporaneous transactions of nearby properties and allowing a rational escalation, instead of mechanically relying on inflated valuations.
The Tribunal agreed that the Assessing Officer’s estimation, by arbitrarily enhancing value over the DVO report, was unsustainable. Since the declared sale consideration exceeded the stamp duty value, Section 50C had no application. In the absence of any incriminating material, no additions could be made in a Section 153A assessment. Both the Revenue’s appeal and the assessee’s cross-objection were thus dismissed.
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