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Income Tax - Highlights / Catch Notes

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Valuation of the property under gift - Assessment u/s 15(2) of ...

Case Laws     Income Tax

June 25, 2022

Valuation of the property under gift - Assessment u/s 15(2) of the Gift Tax Act determining the taxable gift - The assessee or her legal heir is now contesting the ownership of the property. Looking at from general principles of law, the burden is on the assessee or her legal heir to prove that the ownership of the property vests with someone else, not the assessee. The entries in Revenue records, or the name of the assessee in Municipal Corporation, are not conclusive as regards the ownership of the property. The Tribunal, therefore, in our considered view, rightly observed that the assessee failed to place contra evidence on the ownership of the property. - HC

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