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Income Tax

Valuation Dispute: ITAT Quashes Penalty U/S 271(1)(c) as Addition Was Solely Based on Estimate

Case Law Details

Case Name
Yogesh Jashubhai Patel Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement Yogesh Jashubhai Patel Vs ITO (ITAT Ahmedabad) Mere difference in valuation or estimation does not constitute concealment or furnishing of inaccurate particulars. Ahmedabad ITAT allowed both the quantum &  penalty appeals of Assessee, holding that the delay in filing appeal was bona fide &  that the addition to Long-Term Capital Gains (LTCG) was unsustainable in law. Assessee, a Non-Resident Indian (NRI), sold his share in agricultural land &  declared LTCG of ₹1.56 lakh, adopting cost of acquisition at ₹1.25 lakh (as on 01.04.1981) based on a registered val...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,842

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