Assessing Officer denied exemption claimed by the assessee. During appellate proceedings, assessee provided evidence to support her claims. However, despite Commissioner (Appeals) requesting a remand report from Assessing Officer, none was received.Commissioner (Appeals) concluded that entire long-term capital gains from sale were not entirely reinvested in new residential property within prescribed period or deposited into Capital Gains Account Scheme. Consequently, he granted exemption under section 54 only to extent of actual investment made in new property, limited to assessee’s share as a co-owner. Tribunal held that there was no material available on record to show that assessee was put to notice or was granted opportunity of hearing by Commissioner (Appeals) before arriving at aforesaid conclusion.Accordingly the matter is remanded to the file of the Assessing Officer. (AY. 2013-14)
Nilima Avinash Pradhan. (Mrs.) v. ITO (2024) 207 ITD 109 (Mum) (Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Incomplete investment-Matter is remanded back to Assessing Officer for de novo adjudication.
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