What did the Tribunal hold?

The Tribunal upheld the impugned order, confirming the addition on account of capital gain. The decision was based on the similarity of facts with previous Tribunal orders concerning other co-owners.

The assessee was a co-owner of a property whose transfer resulted in a capital gain addition. Similar additions were made for other co-owners.

What were the issues?

The primary issue was the confirmation of the addition on account of capital gain arising from the transfer of a property.

Smt. Vijaya Jayawant Palkar… vs ITO | ITAT Pune 2019

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

Before: SHRI R.S. SYAL

For Appellant: Shri P. S. Shingte

For Respondent: Shri Uday Kakne

Hearing: 23.12.2019Pronounced: 23.12.2019

PER R.S. SYAL, VP :

This appeal by the assessee is directed against the order passed by the CIT(Appeals)-2, Kolhapur on 01.08.2017 in relation to the assessment year 2006-07. 2. The only issue raised in the appeal is against confirmation of the addition on account of capital gain to the tune of Rs.14,34,670/-

2 A.Y.2006-07

At the outset, the ld. Authorized representative submitted that the assessee is one of the co-owners of the property whose transfer resulted in the instant addition. Similar additions were made in the hands of the other co-owners, namely, Shri Dilip Jayawant Palkar and Shri Arun Jayawant Palkar. He placed on record a copy of the Tribunal order dated 29.03.2019 in ITA Nos.2476 & 2477/PUN/2017, wherein similar additions have been sustained. It was fairly conceded that the facts and circumstances of the instant appeal are mutatis mutandis similar.

In view of the candid admission of the ld. AR, I uphold the impugned order on this score. In the result, the appeal is dismissed.

Order pronounced on 23rd day of December, 2019. R.S. SYAL उपाध्यक्ष /VICE-PRESIDENT ऩुणे / Pune; ददनधंक / Dated : 23rd December, 2019. GCVSR आदेश की प्रतिलिपप अग्रेपिि / Copy of the Order forwarded to : अऩीऱधथी / The Appellant. 1. प्रत्यथी / The Respondent

2.3.

The CIT (Appeals)-2, Kolhapur.

The Pr. CIT-2, Kolhapur. 5. ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, “एक-सदस्य” बेंच, ऩुणे / DR, ITAT, “SMC” Bench, Pune. गधर्ा फ़धइऱ / Guard File. 6. आदेशधनुसधर / BY ORDER, //// वररष्ठ ननजी सधचव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

3 A.Y.2006-07

Date 1 Draft dictated on 23.12.2019 Sr. PS/PS 2 Draft placed before author 23.12.2019 Sr. PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr. Sr. PS/PS PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

SMT. VIJAYA JAYAWANT PALKAR,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 2, RATNAGIRI

What did the Tribunal hold?

What were the facts?

What were the issues?

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