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2022 (8) TMI 777 - AT - Income TaxLong term capital gain - addition after holding the assessee to have sold/transferred area measuring 3277.2 sq. mtrs at Yerangal - CIT( A) held that the assessee had vide sale deed dated 05.01.2011 actually transferred only 777.20 Sq.Mts. of land to the purchaser and erred in directing the AO to adopt the proportionate Stamp Duty value as the sale consideration and recompute the capital gain after giving benefit of indexation - HELD THAT:- As it has come on record that the CIT(A) has held the assessee as having sold/transferred the area measuring 777.2 sq. mtrs of land only than 3277.2 sq. mtrs taken at the Assessing Officer’s behest. We sought to verify the factual position ourselves from the corresponding sale deed executed in the relevant previous year. Mr. Walimbe produced the said documents before us dated 5-1-2011 during the course of hearing. It very well emerges therefrom that the assessee indeed sold area measuring 777.2 sq. mtrs only. That being the case, we find no merit in the Revenue’s sole substantive grievance since going against the clinching recital made in the sale deed
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