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Ex-Parte Capital Gains Assessment Set Aside for Land Sale Dispute
Case Law Details
- Case Name
- Ram Manohar Kumar Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Delhi
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Ram Manohar Kumar Vs ITO (ITAT Delhi)
Ex-Parte Capital Gains on Land Sale Set Aside: ITAT Restores Matter to AO to Examine Agricultural Land Claim & Correct Share
Assessment was framed ex parte u/s 144 r.w.s. 147 based on AIR information treating assessee’s share in land sale consideration of ₹4.25 crore as 1/4th & taxing long-term capital gains of ₹1.06 crore without allowing any cost of acquisition.
Before Tribunal, Assessee contended that his share was only 1/6th & that the land sold was agricultural land situated 12–15 km from Ghaziabad municipal limits, hence not a “...
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