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ITAT Pune Remands Capital Gains to AY 2011-12; Revised Computation Allowed
Case Law Details
- Case Name
- Popatrao Dashrathrao Suryawanshi Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
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Popatrao Dashrathrao Suryawanshi Vs ITO (ITAT Pune)
JV Transfer Took Place in AY 2011-12; ITAT Pune Allows Revised Computation and Remands Capital Gains for Correct Year
The Pune Bench of the ITAT allowed the assessee’s appeal for statistical purposes for AY 2017-18, holding that the transfer of land occurred on 20.01.2011 upon execution of a registered Joint Venture agreement with possession, attracting sections 2(47)(iv)/(v). Consequently, capital gains—if any—could not be taxed in AY 2017-18. Since the land was agricultural and beyond municipal limits at the time of transfer, it was n...

