The case pertains to the reopening of assessment u/s 147 ...

Land sale proceeds apportionment between spouses under Portuguese Civil Code challenged; Revenue's reasoning flawed.

Case Laws     Income Tax

August 23, 2024

The case pertains to the reopening of assessment u/s 147 regarding capital gains on the sale of land. The key issue was the apportionment of income between spouses governed by the Portuguese Civil Code applicable in Goa. The court held that Section 5A of the Income Tax Act, which deals with the division of income between spouses governed by the Portuguese Civil Code, was not applicable as the petitioner's husband had passed away in 1986. The court ruled that the petitioner's substantive rights were governed by the Portuguese Civil Code, and the mere non-mention of this in the return of income would not allow taxation of the sale proceeds beyond the petitioner's share. The court criticized the Revenue's reasoning for rejecting the explanation, stating that the Sale Deed was available and should have been considered. Ultimately, the reopening notice was quashed, and the decision favored the assessee.

View Source