Suresh Dutt Malhotra, Panipat vs. ACIT, Panipat
The appeal of the assessee stands allowed
ITA 2575/DEL/2015[2007-08]Status: DisposedITAT Delhi09 Jan 2019AY 2007-08
Bench: Shri G.D.Agrawal, Hon’Ble & Shri Sudhanshu Srivastavaassessment Year: 2007-08
For Appellant: Shri K. Sampath, Adv., Shri V. Rajkumar, AdvFor Respondent: Shri G. Johnson, Sr. DR
Section 2(14)Section 2(14)(ii)Section 271(1)(c)Section 54BSection 54F(1)
…incorrect claim in law cannot tantamount to furnishing inaccurate particulars.” 12 Assessment year 2007-08 5.2 We also note that an identical issue had come up before the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Rajeev Bhatara reported in 360 ITR 121 (P&H) wherein it was the assessee’s plea before the Assessing Officer that no capital gain tax was imposable in his case as the property which he had sold was situated beyond 8 Kms from the municipal limits of Panipat. After collecting information regarding the distance from various authorities, the Assessing Officer came to the conclusion th…