Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The Appellate Tribunal considered a case involving a revision ...


Revision u/s 263: ITAT upheld Assessing Officer's decision on Long Term Capital Gain Exemptions u/s 54. No errors found.

Case Laws     Income Tax

June 27, 2024

The Appellate Tribunal considered a case involving a revision u/s 263, where the Commissioner contended that the Assessing Officer did not adequately inquire into Long Term Capital Gain Exemptions u/s 54. The Tribunal found that the Assessing Officer had indeed examined the deduction u/s 54 and addressed the concerns raised, ultimately allowing the claim. The Commissioner did not identify any specific errors in the AO's actions, merely suggesting a need for further investigation without pinpointing any missed inquiries. The Tribunal concluded that the AO had taken a reasonable view during assessment, with no demonstrated errors by the revenue. As none of the conditions for revision u/s 263 were met, the order was not deemed erroneous or prejudicial to revenue, resulting in the appeal by the assessee being allowed.

View Source

 


 

You may also like:

  1. Revision u/s 263 by CIT - set off of brought forward business loss from the income assessable under the head 'Capital Gain' - gain of depreciable assets by entering into...

  2. The Appellate Tribunal considered whether the sale proceeds of residential units should be treated as capital gains or business receipts. It was found that the...

  3. Revision u/s 263 by CIT - Wrong claim of carry forward of long term capital loss - the long term capital gain, which is exempted under section 10(38) of the Act, would...

  4. Long term capital gain - sub-tenancy right - the assessee had a sub-tenancy right in the property and upon surrender thereof, the assessee received a sum which was...

  5. Setting off the long term capital loss arising on sale of shares not subject to STT against long term capital gain arising from sale of Shares subjected to STT exempt...

  6. Exemption u/s 54EC - Assessee has not been able to raise any material contention to dispute this position. He has only submitted that the assessee wanted to invest the...

  7. Capital Gain - Receipt of consolidated amount - where a gain from one of capital assets was a short-term capital gain while from other it was a long term capital gain,...

  8. LTCG or STCG - Sale of ground floor of residential unit - whether it give rise to long term capital gains or short term capital gains - Computation from period of...

  9. Capital gain - Sale consideration received towards the land should be assessed as long-term capital gain and the profits arising out of the superstructure is to be...

  10. Capital gain from sale of commercial property - intra-head adjustment of loss - Benefit of carry forward of long term capital loss on the sale of shares for the current...

  11. Rate of tax on sale of depreciable assets - STCG vs LTCG - as per Section 112 of the Act, the tax on long term capital gains on transfer of a long term capital asset is...

  12. Computation of Long-term Capital Gains - non considering the INDEX COST of assets purchased u/s. 48 - The benefit of indexation while computing long term capital gains...

  13. There was a genuine transaction of purchase and sale of shares on which assessee has earned Long Term Capital Gain, and therefore, such Long Term Capital Gain cannot be...

  14. Revision u/s 263 by CIT - Irregular allowance of long-term capital loss wherein it has been held that the assessee has applied the cost of inflation index on foreign...

  15. Nature of capital gain - long term vs short term - recognition of consideration given by earlier agreement of development rights in land in the later registered document...

 

Quick Updates:Latest Updates