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Income Tax - Highlights / Catch Notes

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LTCG - registered sale deed was executed by the legal heirs of ...


Income Tax Appeals Commissioner Fails to Verify Sale Deed Facts; No LTCG for Assessee on Retained Land.

July 31, 2021

Case Laws     Income Tax     AT

LTCG - registered sale deed was executed by the legal heirs of the deceased - CIT(A) has not verified this fact but has merely gone by the presumption that the assessee had relinquished her right over the 500 sq. yards plot retained by assessee's brothers. Since the land retained by the assessee's brothers cannot be treated as transfer in their favour, there cannot be any relinquishment or right by the assessee in such property. Therefore, there is no incidence of any LTCG in favour of the assessee - AT

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