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Ex-Parte LTCG Order Set Aside for Fresh, Fair Computation
Case Law Details
- Case Name
- Afsha Shamim Ahmed Khan Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2010-11
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Afsha Shamim Ahmed Khan Vs ITO (ITAT Pune)
ITAT Pune Restores Ex-Parte LTCG Assessment: Entire Sale Consideration Cannot Be Taxed Without Ownership, Cost & Exemption Analysis
The Pune SMC Bench of the ITAT set aside an ex-parte assessment under sections 144 r.w.s. 147 for AY 2010-11, where the Assessing Officer had taxed the entire sale consideration of ₹40 lakh as long-term capital gains, without allowing cost of acquisition, indexation, or section 54 exemption, and without examining co-ownership of the property.
The Tribunal noted that the assessee had consistently con...





