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Case Law Details

Case Name : Commissioner of Income Tax Vs. Sambandam Udaykumar (Karnataka High Court)
Appeal Number : IT Appeal No. 175 of 2011
Date of Judgement/Order : 15/02/2012
Related Assessment Year :
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HIGH COURT OF KARNATAKA

Commissioner of Income Tax
Vs.
Sambandam Udaykumar

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0 Comments

  1. Balkishan says:

    Female assessee having two commercial properties sold as under-

    1) COA: Rs 328840 dated 11.01.2008 sold for Rs 450000 on 15.07.2011

    2) COA: Rs 120000 dated 17.05.1994 sold for Rs 1460000 on 30.08.2011

    and purchased a residential house property in dec 2011 for Rs 1215500

    so,

    for the 1st property there will be capital loss amounting to Rs 18493 (450000- 328840 * 785/551)

    and for the second house property there will be capital gain amounting to Rs 183592 (1460000- 120000*785/259) – (1096293 * 1215500/1460000) (Is exemption u/s 54F available?)

    Are these calculations correct??

    And, net capital gain amounting to Rs 165099 be taxed at flat 20% rate or will be aggregated in total income of the assessee?

    Please help in the matter as soon as possible.

  2. R. Ramamurthy says:

    The Hon’ble Court has approached the issue with a pragmatic approach and to save the citizens for having performed their part of the contract, if the delay is caused by the other side, that should not be burden in the form of levy of tax and other consequences. The decision is very reasonable one.

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