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Entire Sale Proceeds Cannot Be Taxed as Capital Gain
Case Law Details
- Case Name
- Amarsinh Thakor Vs ITO (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Ahmedabad
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Amarsinh Thakor Vs ITO (ITAT Ahmedabad)
Entire Sale Consideration Cannot Be Taxed as STCG: ITAT Ahmedabad Sets Aside Ex-Parte Assessment with Costs
The Ahmedabad Bench of the ITAT allowed the assessee’s appeal for AY 2016-17 for statistical purposes, holding that taxing the entire sale consideration as short-term capital gains without allowing cost of acquisition is legally unsustainable, and that the CIT(A) erred in dismissing the appeal merely on the ground of delay without examining merits.
The assessee, an individual agriculturalist, had not filed a return. On information of sale of immo...





