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Search results for: ltcg

Mumbai ITAT's Order for Mukesh Harilal Mehta

Denial of LTCG Tax Exemption Not Allowed Due to Builder’s Error in Apartment Assignment

The tax benefits cannot be refused to the taxpayer because of an error made by the builder in assigning the apartment, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The bench of Rahul Chaudhary (Judicial Member) and Om Prakash Kant (Accountant Member) noted that the petitioner cannot be penalized for the mistake executed […]

Bangalore ITAT Order for Mangalagiri Tulasi

Person to Pay LTCG on Property Sale, Bangalore ITAT Reverses Civil Court Order

The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) asks for re-adjudication concerning Long Term Capital Gain of sold property which was cancelled by the civil court. A petition was filed by the taxpayer Mangalagiri Tulasi before the tribunal against the order passed under section 250 of the Income Tax Act, 1961 for the […]

Delhi ITAT's Order for Sarita Gupta

Delhi ITAT: Section 54 Deduction Could’t Disallowed for Not Depositing LTCG In Capital Gain Account Scheme

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) clarified that failing to deposit long-term capital gains (LTCG) into a capital gain account scheme does not warrant disallowance of deduction under Section 54 of the Income Tax Act. Saktijit Dey (Vice President) and M. Balaganesh (Accountant Member) took a meticulous approach in addressing the matter. […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

No LTCG Tax on Indirect Transfer of Assets

ITAT Said LTCG Tax will be not Imposed on Indirect Transfer of Indian Assets

The Income Tax Appellate Tribunal (ITAT) Delhi ruled that long-term capital gains tax The Income Tax Appellate Tribunal (ITAT), Jaipur, has ruled that the previous water and electricity bills can not be provided as proof of construction. read more will be not imposed on the Indirect transfer of Indian assets. It came up in a […]

Chennai CESTAT's Order for M/s. Sandeep N Savani Appellant

Chennai CESTAT: No Tax Liability On Buildings Constructed Less Than 12 Flats Before 1st July 2010

The Chennai bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) ruled that no tax liability is there on the petitioner for the impugned flats made before July 1, 2010, that has less than 12 units or flats. The bench of P. Dinesha (Judicial Member) and M. Ajit Kumar (Technical Member) witnessed that […]

Chandigarh ITAT's Order In Case of Manuj Jain HUF verses Pr. CIT

Chandigarh ITAT: Higher Official Can’t Use Revisionary Authority U/S 263 if AO Conducted a Proper Investigation

Finding that the taxpayer operates seasonal trade in hosiery items duly backed by documentary proof, which AO investigated accepting the said transactions and resultant profit has been carried to tax, the Chandigarh ITAT said that the PCIT cannot be allowed to invoke his jurisdiction under section 263 only because he assumes that there is the […]

Delhi ITAT's Order for Mohan Lal Jain

Delhi ITAT: Buy Residential House Within 3 Years from Old House Transfer, Condition for Tax Benefits U/S 54

The New Delhi ITAT after determining that the taxpayer does not file either of the conditions specified in section 54 of the income tax, ruled that no infirmity in the IT authority’s order in refusing the advantage of the deduction of the long-term capital gains to the taxpayer under section 54. The Division Bench of […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

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