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Swarna Tella vs. Income Tax Officer

Case No: ITA 2018/HYD/2026
Court: Income Tax Appellate Tribunal, Hyderabad
Date: 9/9/2026

Parties Involved

appellantSwarna Tella
respondentIncome Tax Officer

Facts Summary

The assessee, Swarna Tella, has appealed against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2017-2018. The assessee contests the reassessment proceedings initiated by the Income Tax Officer, claiming that the reassessment was based on an erroneous assumption that she had purchased immovable property worth Rs.3,15,61,915/-. However, the registered Sale Deed establishes that she was merely a co-owner and vendor transferring her share in the property. The assessee argues that the reassessment was initiated beyond the statutory period and that the income, if any, pertains only to the capital gains arising on her share of the sale consideration, which is below the monetary threshold of Rs.50,00,000/-.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the reassessment proceedings were initiated on correct factual and legal grounds?
  • 2. Whether the addition of Rs.1,05,00,000 under section 69 read with section 115BBE was justified?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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