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2021 (1) TMI 675 - AT - Income TaxAddition on account of short term capital gains - CIT-A Applying provisions of Section 50C and considering stamp duty value to be actual consideration - assessee argued that the authorities below have failed to appreciate the fact that the assessee was merely an agent who earned commission and the revenue authorities have failed to appreciate the fact that the assessee had not transferred the land as the owner of the property. He has merely transferred the land as the Power of Attorney holder - HELD THAT:- From the registered sale deed furnished by the assessee, it is noticed that the sale deed was executed by one Shri Tejpal Patidar who had entered into agreement to sale with the original land owners namely Shri Shankar Sadhwani S/o Shri Dharmprakash Sadhwani and Shri Bharat Keswani s/o S.K. Keswani. Thus find no mention in this fact in the assessment order, it is also not clear whether the sale deed was placed before the assessing officer. Under these facts, therefore, set aside the impugned order and restore the assessment to the file of the assessing officer for making de novo assessment.
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