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Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year
Case Law Details
- Case Name
- Gautam Jhunjhunwala Vs ITO (ITAT Kolkata)
- 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 Kolkata
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Gautam Jhunjhunwala Vs ITO (ITAT Kolkata)
The definition of ‘transfer’ defined under section 2(47) of Income Tax Act, 1961 is that when any right of any capital assets is extinguished and right is transferred to someone, it would amount to transfer of a capital asset. Once an agreement to sale is executed in favour of transferee, the said transferee gets a right to get the property transferred in his favour by filing a suit under Specific Performance Act. The capital asset was transferred by the assessee in favour of the transferee on 16-09-2011 and purchase of the new property on 04-10-...
