Atluri Padma (Smt.) v. ITO (2021) 89 ITR 26 (SN) (Vishakha) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Allegation that the amount was withdrawn from sellers bank account-Reply by seller showing receipt of full sum-Denial of exemption was held to be not valid. [S. 45]

Held that a legal notice was sent by the assessee to the seller through her lawyer alleging to have paid Rs. 90 lakhs to the seller and the seller in his reply through his lawyer did not refute the acceptance of Rs. 90 lakhs and offered no objection to perform his part of agreement subject to payment of remaining sale consideration of Rs. 60 lakhs with interest. He said nothing about refund of Rs. 27 lakhs. From the reply of the seller to the notice sent by the assessee, it was clear that the seller was asking for the remaining amount of Rs. 60 lakhs only and had not disputed the receipt of Rs. 90 lakhs, which showed that the question of refund of Rs. 27 lakhs to the assessee by the seller did not arise. The deduction of Rs. 27 lakhs under section 54 of the Act was allowable. (AY. 2014-15)