Holding a power of attorney doesn't make you the owner: Here's why ITAT deleted Rs.29 lakh LTCG tax on son
New Delhi, Sept. 6 -- Can merely holding a power of attorney (PoA) for a property make you liable to pay long-term capital gains (LTCG) tax when that property is sold?
The Jaipur bench of the Income Tax Appellate Tribunal (ITAT) has answered no in the case of Roop Narayan Choudhary vs DCIT, deleting an LTCG addition of nearly Rs.29 lakh made in the taxpayer's hands.
The ruling, pronounced on 3 September 2026, draws a clear line between having the authority to execute a property transaction and actually owning the property, according to a TaxGuru report.
The property belonged to Bhuri Devi, the assessee's mother, under a registered purchase deed dated 25 January 2005. The property had been purchased for Rs.4 lakh.
Years later, Bhuri De...
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