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Case Law Details

Case Name : Shailaja Vs ITO (ITAT Delhi)
Appeal Number : I.T.A. No. 7558/DEL/2018
Date of Judgement/Order : 20/04/2021
Related Assessment Year : 2015-16
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Shailaja Vs ITO (ITAT Delhi)

It is pertinent to note that the assessee has filed original  return  of income as on 31/08/2015 declaring an income of Rs. 5,71,960/- along with paying of double taxes of Rs. 43,230/- including self-assessment tax of Rs. 33,230/- on 31/8/2015. In the original return of income loss against sale of property of Rs.1,12,76,573/- was not claimed by the assessee  under  the bonafide belief that taxes are paid against income only. The assessee did not claim TDS of Rs.52,500/- deducted against the sale of property but paid additional self assessment tax of Rs. 33,230/-. The  assessee  has  not  given credit of Rs. 52,500/- as the assessee was under  the  belief  that  TDS  against loss is not  claimable. But the fact  remains that there was a sale of property which  should have  been declared by the assessee either  in the original return or in the revised return and should have paid taxes accordingly or at the most should have offered to tax to the Revenue. Thus, the assessee has not done the same in the present case. There was property  purchase  and  though  the assessee is entitled to claim benefit under Section 54F, but the same is determined when she satisfies all the conditions laid down in the  said provisions, the same was not done by the assessee at the revised income stage also. Hence, the Assessing Officer has rightly made addition as  well  as  the CIT(A) rightly confirmed the addition. Hence, appeal of the assessee  is dismissed.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal is filed by the assessee against order dated 31/08/2016 passed by CIT (A)-Meerut for assessment year 2012-13.

2. The grounds of appeal are as under:-

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