The Income Tax Appellate Tribunal (ITAT) held that when the ...

Taxpayer wins LTCG Case: Tax officer can't extend deadline indefinitely awaiting valuation report.

Case Laws     Income Tax

October 24, 2024

The Income Tax Appellate Tribunal (ITAT) held that when the valuation officer fails to submit the valuation report within a reasonable time, the assessing officer cannot extend the limitation period indefinitely for completing the assessment solely due to the absence of the valuation report. The revenue's interest cannot override considerations of probity and fairness in tax governance. If the assessing officer is allowed to modify the order after receiving the valuation report beyond the limitation period, it would reward the revenue with an enhanced limitation period and embolden unscrupulous tax officials to mistreat the assessee. Consequently, the ITAT deleted the addition made by the assessing officer, who had computed the capital gains by taking the value determined by the stamp authorities as the sale consideration instead of the value declared by the assessee. The assessee's appeal was allowed.

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