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ITO, Ward 6(3), Pune Vs. Kalawati Vijaykumar Agarwal

Case No: ITA No.979/PUN/2023
Court: Income Tax Appellate Tribunal, Pune Bench 'A'
Date: 9/13/2024

Parties Involved

appellantKalawati Vijaykumar Agarwal
respondentITO, Ward 6(3), Pune

Facts Summary

The assessee, Kalawati Vijaykumar Agarwal, filed her return of income declaring a total income of Rs.23,06,480/- for the assessment year 2021-22. The case was selected for scrutiny due to large deductions claimed under sections 54, 54B, 54EC, 54EE, 54F, 54GA, 54GB, etc. The assessee claimed a long-term capital gain of Rs.18,87,563/- by claiming a deduction under section 54F of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction, considering it a circular transaction. The Commissioner (Appeals) allowed the deduction, which the Revenue appealed against.

Decision in favour of

Partly Assessee / Partly Revenue

Legal Issues

  • 1. Whether the assessee is entitled to claim deduction under section 54F of the Income Tax Act, 1961?
  • 2. Whether the transaction between the assessee and her husband is a valid transfer for claiming deduction under section 54F?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

1 precedent cited in this judgement.

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