https://www.taxtmi.com/caselaws?id=757377 Bombay HC quashed reopening notice u/s 147 for capital gains assessment. Petitioner argued 50% property share under Portuguese Civil Code applicable to Goa residents. Court held Section 5A IT Act inapplicable as it governs income division between living spouses, not asset division after death. Petitioner's husband died in 1986, making Section 5A irrelevant. Revenue's reasoning for rejecting explanation was fallacious as sale deed information was available through Sub-Registrar transmission. Court found assumption of jurisdiction erroneous when available documents weren't considered. Decided in favor of assessee. en-us Thu, 04 Jul 2024 00:00:00 +0530 Mon, 23 Jun 2025 11:37:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757377 Bombay HC quashed reopening notice u/s 147 for capital gains assessment. Petitioner argued 50% property share under Portuguese Civil Code applicable to Goa residents. Court held Section 5A IT Act inapplicable as it governs income division between living spouses, not asset division after death. Petitioner's husband died in 1986, making Section 5A irrelevant. Revenue's reasoning for rejecting explanation was fallacious as sale deed information was available through Sub-Registrar transmission. Court found assumption of jurisdiction erroneous when available documents weren't considered. Decided in favor of assessee. Case-Laws Income Tax Thu, 04 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757377