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ITAT adjudicated a dispute regarding capital gains taxation for ...


Taxpayer Wins Appeal: Capital Gains Calculation Overturned, Original Tax Treatment Preserved for Property Sale Transaction

April 19, 2025

Case Laws     Income Tax     AT

ITAT adjudicated a dispute regarding capital gains taxation for property sale. The tribunal found the Assessing Officer's (AO) determination of short-term capital gains incorrect, particularly concerning the holding period computation and classification of property acquisition. The key holding affirmed the assessee's position that the property sale transaction, previously declared in AY 2010-11 and accepted by the department, should not be re-characterized as short-term capital gains. The tribunal ruled in favor of the assessee, allowing the appeal and rejecting the AO's assessment that attempted to reclassify the gain without valid justification, thereby preserving the original tax treatment of the property transaction.

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