Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeDirect TaxNo Capital Gain Tax Payable On Property Transfer Between Spouses: ITAT

No Capital Gain Tax Payable On Property Transfer Between Spouses: ITAT

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that no capital gain tax payable on property transfer between spouses.

The bench of  Anubhav Sharma (Judicial Member) and S. Rifaur Rahman (Accountant Member) has set aside a tax addition of Rs. 1.4 crore that had been made on account of alleged undisclosed capital gains in the case of late Sunil Kumar, a Faridabad-based individual as no consideration was involved.

The case stemmed from the transfer of a residential property located at A-14, Nehru Ground, NIT, Faridabad, executed on 30 November 2012 by Sunil Kumar in favour of his wife, Smt. Bimla Devi. The conveyance deed mentioned a consideration of ₹1.40 crore, which the Assessing Officer (AO) treated as taxable capital gain, alleging it to be unaccounted income.

Sunil Kumar had filed his return of income for AY 2013-14 declaring only ₹1.98 lakh. The matter was later reopened under Section 147 of the Income Tax Act, 1961. Due to the COVID-19 pandemic and ill health—he suffered from kidney ailments and passed away in April 2025—Kumar could not comply with certain notices issued during assessment proceedings. The National Faceless Assessment Centre (NFAC) eventually passed an ex parte order in September 2021, adding ₹1.40 crore to his income.

The Commissioner of Income Tax (Appeals), NFAC, upheld the assessment in February 2025, stating that the sale deed clearly mentioned receipt of full consideration and hence the claim of a non-monetary transfer was not believable.

The ITAT noted that the conveyance deed itself contained verification by the sub-registrar that “NIL” consideration was actually paid. Bank account statements of both the assessee and his wife showed no flow of funds supporting the alleged consideration. The wife had submitted an affidavit affirming that no money was paid for the transfer. A family settlement agreement of 30 October 2018 further supported the assessee’s claim that the transaction was part of resolving family disputes rather than a commercial sale.

The ITAT observed that if the transaction was meant to benefit the wife, it could have been achieved by way of a gift or family arrangement without monetary exchange. “Thus, payment of consideration seems to be a sham transaction,” the order stated, criticizing the tax authorities for not adopting a “prudent approach.”

Accordingly, the ITAT allowed the appeal and directed deletion of the ₹1.40 crore addition from the assessee’s taxable income.

Case Details

Case Title: Sunil Kumar Versus ITO

Case No.: ITA No.957/Del/2025

Date: 20.08.2025

Counsel For  Petitioner: Praveen Kumar Misra, CA

Counsel For Respondent: Vipul Kashyap, Sr.

Read More: Kerala Emerging as Hotspot for Hybrid Ganja Smuggling

Amit Sharma
Amit Sharma
Amit Sharma is the Content Editor at JurisHour. He has been writing about the Indian legal market. He has covered tax & company litigation stories from the Supreme Court, High Courts and Various Tribunals. Amit graduated from MLSU Law College with B.A.LL.B. and also holds an LL.M. from MLSU, Udaipur, Rajasthan. An Advocate in Taxation, and practised in Tribunals as well as Rajasthan High Court and pursued Masters in Constitutional Law. He started out small with little resources but a big plan to take tax legal education to the remotest locations across India and eventually to the world. His vision is to make tax related legal developments accessible to the masses.

Latest articles

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...

GST Appeal Can’t Be Rejected Without Addressing Taxpayer’s Grounds: Allahabad HC

The Allahabad High Court has set aside an appellate order concerning cancellation of GST...

More like this

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...