INCOME TAX ACT, 1961

Section 45

Capital gains - Tribunal did not permit assessee to urge ground as to whether property was an agricultural property - Remand of matter -

Issue arose as to whether, the appropriate assessment year for the purpose of assessment of the capital gains, arising out of transfer by assessee of property belonging to her, was assessment year 2009-2010 in which the original sale deed was executed during the previous year 2008-2009, or 2010-2011, since there was a Rectification Deed executed in the said year, substantially altering the original sale deed. Held: Apart from aforesaid substantial question of law there arose a question as to whether the property which was subject matter of the sale deed was an agricultural property. If this question was to be answered in favour of assessee then perhaps, there may arise no liability for payment of any tax. Assessee contended that though that ground was raised by assessee before CIT(A), the same was expressly given up. Tribunal reversed CIT(A)'s order on other three grounds and thereafter did not permit assessee to urge two grounds though they went to the root of the matter. Thus, order made by CIT(A) and Tribunal was set aside and assessee's appeal was restored to CIT(A) for fresh adjudication on all grounds.

REFERRED :

FAVOUR : Matter remanded

A.Y. :

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