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Income Tax

Property Received Under Family Settlement Not Taxable u/s 56(2) — Gift Deed Only a Formal Consequence

Case Law Details

Case Name
ITO Vs Ratna Aggarwal (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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ITO Vs Ratna Aggarwal (ITAT Delhi) The ITAT Delhi dismissed the Revenue’s appeal and upheld the CIT(A)’s deletion of addition, holding that immovable property received pursuant to a genuine family settlement is not taxable u/s 56(2), even if the transfer is documented through a registered gift deed. The Tribunal noted that although the assessee had initially, under wrong advice, offered the value of the property as income from other sources in the return filed in response to notice u/s 148, she corrected the claim during reassessment proceedings, asserting that the property was received un...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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