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Section 54 Deduction Allowed Even If Original Return Was Not Filed: ITAT Mumbai
Case Law Details
- Case Name
- Sanjay Gopaldas Bajaj Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2015-16
- Courts
- All ITAT, ITAT Mumbai
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Sanjay Gopaldas Bajaj Vs ITO (ITAT Mumbai)
Section 54 Deduction Allowed in Reassessment Despite No Original Return: ITAT Mumbai Applies Correct Reading of Sun Engineering
The Mumbai ITAT (“F” Bench) partly allowed the appeal of the assessee for AY 2015-16 and held that deduction under section 54 cannot be denied merely because no original return was filed under section 139(1), where the claim is made in a return filed in response to notice under section 148 and is directly relatable to the escaped income.
In this case, reassessment was initiated on account of long-term capital gains arisin...

