Capital gain not taxable in the hands of person who sold property as attorney
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Capital gain not taxable in the hands of person who sold property as attorney

Case Law Details

Case Name
Sidharth Chaudhary Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Sidharth Chaudhary Vs ITO (ITAT Delhi) ITAT Delhi held that capital gain cannot be taxed in the hands of the person who sold the property as attorney of the owner. The same is taxable only in the hands of the owner of the property. Facts- The assessment of the assessee was reopened u/s 147 of the Income-tax Act, 1961 on the basis of chargeability of capital gains arising out of sale of property. Thereafter AO framed the assessment u/s 143(3) read with Section 147 of the Act, thereby computing capital gain at Rs. 32,67,930/-. Thus, assessing the income at Rs. 35,52,980/-. Aggrieved against this...
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