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Deeming fiction of sec. 50C won't apply while claiming relief under sec. 54F: ITAT

October 26, 2018[2018] 98 305 (Mumbai - Trib.)

IT : Where assessee had sold a property which was used for commercial purposes and on which depreciation was also claimed and said property was held for a period of more than thirty six months and further assessee had purchased a residential flat from consideration received, assessee was eligible for deduction under section 54F on capital gains arising from sale of property

IT : Where assessee was a partner in a firm and Assessing Officer had made addition of Rs. 1.83 crore in income of assessee under section 69B on ground that during assessment year 2012-13 there was a difference of Rs. 1.89 crore in capital account balance of assessee in his account books vis-à-vis account books of firm, since assessee had explained difference by stating that his share of profit from firm for assessment year 2012-13 was not included in his account books, impugned difference stood duly and fully explained and, therefore, addition was not justified

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