Income form short term capital gains

Dear professionals,

My  client is an government employee had purchases the property (land )on may 2006 for Rs 2,38,500 which he sold on October 2006 for Rs 7,32,000 then purchased new land for the cost  Rs 4,75,000 in same year November 2006.

Now the assessing officer had issued notice under section 148 of the income tax act 1961 for the assessment year 2007-08 has escaped assessment with the meaning of section 147 of the Income tax act on date of 16/08/2013.

Now it is applicability of the capital gains and tax liability around rs.1, 60,000.  If there any provision for to reduce the tax liabilities under Income tax act.

Thanking you in advance

With regards

Harish

9482875758 

Replies (1)

Dear Harish Sir,

I.T. Dept. is right in levying the tax liability and issuing notice for income-escaping u/s 147... because the assessee was required to hold the land for minimum 3 years (i.e. deduction u/s 54F is in regards to LTCG only) not for short term holding of assets.

In my view, such tax liability imposed by the Dept. can't be reduced and you have to pay tax thereon according to slab rates of AY 2007-08.

And also, notice u/s 148 is within the time limit of 6 years from the end of relevant AY, thus, valid in Act.

 

 

Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com

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