Sh. Manjula Khanna Vs. Income Tax Officer
Parties Involved
Facts Summary
The case involves the assessment of long-term capital gains of Rs.2,00,00,000/- in the hands of the assessee, Mrs. Manjula Khanna, for the assessment year 2014-15. The gains were assessed due to the transfer of her share in an ancestral house to her sister, Mrs. Meenakshi Vohra. The house was inherited by both sisters, and the assessee's mother had executed a 'Will' bequeathing the house to Mrs. Meenakshi Vohra with a condition that the assessee would receive either 45% of the house's value or Rs.40 lakhs, whichever is lesser. The civil dispute regarding their shares was resolved by the Supreme Court, where the assessee received Rs.2 crores from her sister, which was assessed as long-term capital gains.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the amount received by the assessee in lieu of her share in the ancestral house is taxable as long-term capital gains.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
4 precedents cited in this judgement.
Similar Judgements
Shri Vadagur Narayanappa Premachandra Vs. The Assistant Commissioner of Income Tax, International Taxation, Circle – 2(1), Bangalore
Bangalore benchAY 2011-12AllowedGaurav Dye House Vs. ITO
Delhi 'E' Bench benchAY 2022-23AllowedITA No.6816/Mum/2025; Avani Azad Parikh, Mumbai
Mumbai benchAY 2015DismissedRina Ray
Kolkata Bench benchAY 2018-2019AllowedSh. Hukum Singh Vs. Income Tax Officer, Ghaziabad
Delhi Bench benchAY 2011-12Partly AllowedPraveen Tyagi vs. ITO, Ward 2 (1)
Delhi Bench benchAY 2015-16Partly Allowed