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Reopening Upheld but Addition Restored – Non-Speaking Order on Cost of Improvement
Case Law Details
- Case Name
- Kuldip Kumar Goel Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Delhi
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Kuldip Kumar Goel Vs ACIT (ITAT Delhi)
The ITAT Delhi partly allowed the assessee’s appeal in a reassessment case relating to sale of immovable property where the AO had disallowed 50% of the claimed cost of improvement (₹44.05 lakh) while computing capital gains. The Tribunal upheld the validity of reopening u/s 147, noting that fresh tangible material such as AIR data regarding property sale and non-response to notices justified formation of “reason to believe” and reopening was not a mere change of opinion. Jurisdictional and procedural objections were also rejected.
However, on mer...
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