S. 50C cannot be invoked against the purchaser

By Accommodation Times Bureau
It has not been disputed that the four sellers of the agricultural lands were neither examined nor their statements recorded, nor sec. 50C was invoked against them. Under these circumstances, the addition on the basis of a presumption which according to I.T. Act can only be raised against seller, cannot be made in the hands of the purchaser. Besides, we find merit in the argument of learned counsel for the assessee that provisions of sec. 142A cannot be applied against a transaction which is stock in trade. Order of CIT(A) is upheld as being on just and proper observation.

INCOME TAX APPELLATE TRIBUNAL, DELHI

ITA No. 5597/Del/11 – A.Y. 2008-09

DCIT Vs. M/s Nihalsons Real Estate Developers

ORDER

PER R.P. TOLANI, J.M::

This is revenue’s appeal against CIT(A)’s order dated 19-9-2011 relating to A.Y. 2008-09.





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