Alternate statutory remedy governs GST assessment challenge, with statutory appeal preserved and limitation objection barred for the permitted filing ...
ITAT held that the assessee failed to utilize amounts held in a Capital Gains Account Scheme (CGAS) to construct a residential property within the statutory period and therefore properly offered Rs. 6.45 crores as long-term capital gains in the assessment year 2020-21, discharging the tax liability. The Tribunal found that the assessee had complied with section 54 by depositing the entire long-term capital gains in CGAS before filing the return for AY 2017-18, and that the Revenue and the ld. CIT(A) erred in taxing that sum in AY 2017-18. The Tribunal set aside the CIT(A) order and directed the AO to delete the addition and recompute total income; appeal allowed.
ITAT held that the assessee failed to utilize amounts held in a Capital Gains Account Scheme (CGAS) to construct a residential property within the statutory period and therefore properly offered Rs. 6.45 crores as long-term capital gains in the assessment year 2020-21, discharging the tax liability. The Tribunal found that the assessee had complied with section 54 by depositing the entire long-term capital gains in CGAS before filing the return for AY 2017-18, and that the Revenue and the ld. CIT(A) erred in taxing that sum in AY 2017-18. The Tribunal set aside the CIT(A) order and directed the AO to delete the addition and recompute total income; appeal allowed.
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