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B.B. Sarkar vs Commissioner Of Income-Tax on 5 May, 1981

the assessee to disclose fully all material facts. It was further stated that the return was subjected to scrutiny and the order was passed after examining the attendant documents and the deduction u/s 54 of the Act had been allowed. It was also stated that the assessment framed was further subjected to the order of the CIT(A) dated 13.11.2006 and the order of the ITAT dated 28.08.2009. Therefore, the reopening proceedings initiated was not on account of failure on the part of the assessee to disclose fully all material facts and if there was no failure on the part of the assessee, the claim of the AO could be construed as change of opinion. It was further stated that the AO was not justified in disallowing the deduction of Rs.24,09,500 u/s 54 of the Act by stating that the investment in residential house property was in joint ownership of the assessee with her husband and that the assessee was not the absolute owner of the said property. It was stated that there was no restriction in section 54 of the Act that the amount invested in the construction of a residential house should be single ownership or absolute ownership of only one assessee. Reliance was placed on the judgment of the Hon' ble Calcutta High Court in the case of B.B.Sarkar v. CIT [(1981) 132 ITR 150 (Cal.)]
Calcutta High Court Cites 11 - Cited by 27 - S Mukharji - Full Document
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