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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All ITAT, ITAT Delhi
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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...






