Deposit under capital gain deposit scheme

This query is : Resolved 

27 August 2014 ONE OF MY CLIENT HAVING CAPITAL GAIN 1.10 CRORE HAS DEPOSITED 1.15 CRORE IN CAPITAL GAIN DEPOSIT BY MISTAKE, NOW THE ASSESSING OFFICER IT TREATING 1.15 CRORE AS CAPITAL GAIN PLEASE ADVICE ON THE ISSUE

27 August 2014 As per IT Act, Capital gain needs to be assessed from Cost and Sale value only but not from amount deposited in CG account.
Pls putforth your question that if the client deposits only 10 lacs, whether he will consider only Rs. 10 lacs as capital gain? or ask him the provision where it says that CG to be deposited with CG account should be exactly the CG amount.

27 August 2014 you can prove with capital gain calculation that amount wrongly deposit by the assesse.


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