Income Tax

Capital gain from flat purchased by assessee in daughter’s name, was taxable in his hand – ITAT

When entire investment/payments for flat purchase was made by the assessee in the name of his daughter, the capital gain was liable to be assessed in the hands of the assessee

ABCAUS Case Law Citation:
ABCAUS 2705 (2019) (01) ITAT

Important Case Laws Cited/relied upon:
Sanjeev Lal v. CIT (2014) 365 ITR 389 (SC)
Gulshan Malik v. Commissioner of Income tax [2014] 223 taxman 243 (Delhi)
CIT v. Smt. R.R. Sood [1986] 161 ITR 92 (Bom.)
Mrs. Lata Vasudeva v. Addl.CIT [2011] 10 taxmann.com 96 (Mum.)

The assessee had challenged the order of Commissioner of Income Tax (Appeals) in denying the date of acquisition as the date of booking of the flat and also in directing the AO of the assessee’s daughter to tax the capital gains in her hands also.

The assessee was an Individual and partner in Partnership Firm. The assessee, out of own funds, had made investment in purchase of flat in the name of his daughter. During the relevant assessment year, the assessee sold the flat and declared long term capital gains.

During the course of assessment proceedings, the Assessing Officer (AO) examined the ‘Long Terms Capital Gains’ claimed by the assessee in respect of the sale of a flat.

The AO noted that as per the time gap in the dates of flat purchase and sale, the capital gains thereon should be treated as ‘Short Term Capital Gains only.

The assessee explained that since the flat had been booked earlier and the allotment letter was received later, the flat was held for a period exceeding three years.

However the AO rejected the argument of the assessee because the possession of the flat had not been received by the assessee within time to complete three years.

In view of the same the AO taxed Short- Term Capital Gains.

The CIT(A) confirmed the addition made by the AO holding that as approved by the Hon’ble Supreme Court, transfer happens only after an agreement of sale is entered into and a ‘right in personam’ is created.

The CIT(A) directed the gains to be taxed as Income from other sources. Not only this, the CIT(A) went on to direct the AO of the assessee’s daughter to tax the capital gains in her hands also.

The assessee approached the ITAT.

The Tribunal opined that the date of acquisition of the rights in the fat by the assessee was as on the date of booking of flat and therefore the assessee had held the property for a period of more than 36 months and the capital gains arising to the assessee wass Long Term Capital Gains as against short term capital gains taken by the AO and assessed by the CIT(A) as income from other sources.  

The Tribunal also opined that the entire investment in the flat was from the assessee in the name of his daughter and once the payment for the flat had been made by the assessee and not by the daughter, whatever gains arose, was to be assessed in the hands of the assessee.

Accordingly, the appeal was decided in favour of the assessee.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

9 hours ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

4 days ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

5 days ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

6 days ago
  • Income Tax

Power of CIT(A) u/s 251(1)(a) to remand case can be exercised only in best judgment assessment

Power of CIT(A) under section 251(1)(a) to remand case could be exercised only when the assessment is passed u/s 144…

6 days ago
  • ICAI

ICAI (Global Networking) Guidelines, 2025 kept in abeyance

ICAI (Global Networking) Guidelines, 2025 kept in abeyance In February 2026, ICAI had issued ICAI (Global Networking) Guidelines 2025 to…

7 days ago