The order was passed on 24 June 2026 in the case of Hifzur Rehman Ansari vs ITO (20)(1)(5), Mumbai (ITA No. 164/Mum/2024) for Assessment Year 2013-14. The Bench comprising Judicial Member Shri Amit Shukla and Accountant Member Shri Girish Agrawal allowed the appeal for statistical purposes.

Background of the Case

The assessment was reopened by issuing notice under section 148 on 27 February 2019 on the ground that income had escaped assessment. The assessee filed the return on 14 March 2019. However, the reasons recorded for reopening were furnished only on 5 July 2019. The assessment was completed in undue haste on 19 July 2019 — even before the deadline of 22 July 2019 granted in the notice under section 142(1).

In the reassessment order, the AO made three additions totalling ₹38,52,750:

• ₹23,00,000 on account of short-term capital gain on sale of “Ebrahim Mansion” property (the assessee accepted this addition and did not press the challenge before ITAT).
• ₹14,44,750 as the difference between sale consideration and stamp duty valuation of the Bhuleshwar shop.
• ₹1,08,000 as deemed rental income.

Assessee’s Grievance

The assessee challenged only the ₹14.44 lakh addition. His counsel argued that:

• No show-cause notice or specific query was issued proposing the stamp duty valuation addition.
• The only notice under section 142(1) was limited to the capital gains issue.
• The entire reassessment was completed in extreme haste without granting reasonable and effective opportunity to explain the facts or contest the valuation.
• The assessee became aware of this addition only after receiving the assessment order.

The assessee sought restoration of the matter to the AO for fresh decision after proper hearing and, if required, reference to the Departmental Valuation Officer (DVO).

ITAT’s Observations and Ruling

The Tribunal found “considerable force” in the assessee’s grievance. It noted that:

• Reasons for reopening were supplied late.
• Assessment was finalised before the time granted for reply expired.
• No specific query or show-cause notice was issued on the stamp duty valuation issue.
• The addition was made without confronting the assessee with the proposed addition or giving him a meaningful chance to place evidence on record.

The Bench observed that principles of natural justice require that an assessee must be made aware of the precise issue proposed against him and given a fair opportunity to explain before any adverse view is taken. Since the addition involved valuation aspects and the assessee wanted to contest the stamp duty value, the Tribunal held that the ends of justice would be served by restoring the matter.

Final Decision: The addition of ₹14,44,750 is set aside. The issue is restored to the file of the Assessing Officer for fresh adjudication in accordance with law after granting due and effective opportunity of hearing. The AO must pass a speaking order after considering the assessee’s submissions and evidence. The assessee has been directed to extend full cooperation.

What This Order Means for Taxpayers

This ruling is significant for anyone who receives a notice under section 148 or faces additions based on stamp duty valuation (common in Mumbai and Maharashtra property transactions). It sends a clear message that:

• The department cannot make substantial additions in reassessment proceedings without specifically confronting the issue through a show-cause notice.
• Completing assessment in haste — before the time granted for reply — violates principles of natural justice.
• In valuation disputes, taxpayers have the right to submit evidence and request reference to the DVO. Courts and tribunals often protect assessees when this opportunity is denied.

Similar relief has been granted by ITAT Mumbai and other benches in several cases where additions were made without proper opportunity or without referring disputed valuations to the DVO.

How Taxpayers Can Protect Themselves

If you receive a section 148 notice or any query on property transactions:

1. Respond promptly — File replies within the given time or seek a reasonable extension in writing.
2. Engage professionals early — Consult a qualified Chartered Accountant or tax lawyer experienced in reassessment and valuation matters.
3. Maintain complete records — Keep registered sale agreements, payment proofs, bank statements, and any independent valuation reports.
4. Contest stamp duty additions properly — If the stamp duty value appears higher than actual consideration, submit evidence (ready reckoner vs market value, comparable sales) and specifically request the AO to refer the property to the DVO under the relevant provisions.
5. Insist on hearing — If a significant addition is proposed, request a personal hearing and ensure it is granted.
6. Document everything — Keep copies of all notices, replies, and acknowledgments. If opportunity is denied, this becomes strong ground before CIT(A) or ITAT.
7. Know your rights — Principles of natural justice (audi alteram partem — hear the other side) are well settled. Rushed orders without proper SCN or hearing are liable to be set aside.

This ITAT order reinforces that procedural fairness is non-negotiable in tax proceedings. Taxpayers facing similar situations should immediately examine whether they were given adequate opportunity and consider filing appeals where violations have occurred.

Also Read: No Tax on Temporary Flat: ITAT Rules Developer’s Alternate Accommodation Isn’t a Taxable “Transfer” of Property

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