SAVITA SUBHASH TILEKAR,PUNE vs. INCOME-TAX OFFICER, WARD - 14 (4), PUNE

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ITA 1111/PUN/2019Status: FixedITAT Pune03 January 2020AY 2008-094 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Following its own precedent in similar cases of other co-owners, the Tribunal overturned the impugned order.

What were the facts?

The assessee's appeal was time-barred by 696 days due to her undergoing cancer treatment. The appeal concerns an addition made on account of long-term capital gain from the transfer of a capital asset where the assessee was a co-owner.

What were the issues?

Whether the delay in filing the appeal can be condoned due to medical reasons. Whether the addition on account of long-term capital gain is justified, considering similar appeals of co-owners were allowed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri Pramod Shingte
For Respondent: Shri V.K. Singh

This appeal by the assessee arises out of the order passed by the CIT(A)-7, Pune on 20-06-2017 in relation to the assessment year 2008-09.

2.

This appeal is time-barred by 696 days. The assessee has filed an application for condonation of delay stating reasons to the effect that, at the material time, she was suffering from cancer and undergoing treatment of Chemotherapy. I am satisfied with such reason. The delay is condoned and the appeal is admitted for hearing on merits.

3.

The only issue raised in this appeal on merits is against the addition on account of long term capital gain.

4.

I have heard both the sides and perused the relevant material on record. It is seen that the instant dispute arose on account of transfer of a capital asset, of which the assessee was the co-owner. The other co-owners, namely, Shri Pritam Subhash Tilekar and Shri Vikram Subhash Tilekar are sons of the assessee. Similar additions were made in the hands of the other co-owners. The matter came up for consideration before the Tribunal in the hands of other two co-owners. The Tribunal, vide order dated 06-09-2019 in & 963/PUN/2019, has allowed the appeals of the other co- owners. A copy of such order has been placed on record. It has been fairly admitted that the facts and circumstances of the instant appeal are mutatis mutandis similar to those already considered and decided by the Tribunal in the case of the other two co-owners. Respectfully following the precedent, I overturn the impugned order and direct to delete the addition.

5.

In the result, the appeal is allowed.

Order pronounced in the Open Court on 03rd January, 2020.

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