Case Law Details
Case Name : Surender Kumar Bhojwani Vs ITO (ITAT Hyderabad)
Related Assessment Year : 2012-13
Courts :
All ITAT ITAT Hyderabad
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Surender Kumar Bhojwani Vs ITO (ITAT Hyderabad)
The case involved taxation of LTCG arising from a Joint Development Agreement (JDA), where the AO taxed ₹22.77 lakh as capital gains on transfer of land.
The assessee (NRI) contended:
Consideration was not monetary but in the form of constructed residential units (bungalows)
Such entitlement amounts to investment in residential house, eligible for exemption u/s 54F
Key controversy:
Assessee had not claimed 54F deduction in return (even in 148 proceedings)
CIT(A) rejected claim on:
Non-claim in return
Lack of evidence of investment
ITATâ€...
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