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ITAT Mumbai: New Asset Needn’t Be Put to Use; Possession Not Mandatory; Sec 50 STCG Reworked

Case Law Details

Case Name
N.K. Gems Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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N.K. Gems Vs ITO (ITAT Mumbai) New Property Need Not Be Put to Use for Block of Assets – Possession Not Mandatory – Sec 50 STCG Reworked in Favour of Assessee – ITAT Mumbai The assessee sold an office at Bharat Diamond Bourse and purchased two new office units before year-end, claiming inclusion in the block of assets. AO denied the claim stating possession was not received, only part payment was made and assets were not put to use, and computed STCG u/s 50. CIT(A) confirmed the action. ITAT held that once the assessee acquired the new properties through registered agreements and paid co...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,525

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