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Income Tax - Highlights / Catch Notes

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LTCG - Deduction claimed u/s 54 - ITAT allowed claim - The High ...


High Court Upholds ITAT's Decision on Long-Term Capital Gains, Validates Deduction Claim Under Income Tax Act Section 54.

April 2, 2024

Case Laws     Income Tax     HC

LTCG - Deduction claimed u/s 54 - ITAT allowed claim - The High Court notes that the issue revolves around long-term capital gains arising from an Apartment Buyers Agreement entered into before the property sale. - The ITAT's conclusion, aligning with previous case law, states that possession of the property was completed within three years from the sale, entitling the assessees to relief. Referring to precedent, the High Court reaffirms that the construction commenced within the mandated time frame, and the assessees fulfill the conditions under section 54 of the Act. The High Court dismisses the appeal of the Revenue, finding no substantial question of law raised and upholds the ITAT's decision.

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