Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI
Before: SH. N. K. BILLAIYA & SH. AMIT SHUKLA
This appeal by the assessee is preferred against the order of the CIT(A), Aligarh dated 14.11.2017 pertaining to A.Y. 2009-10.
The grievance of the assessee read as under :-
None appeared on behalf of the assessee though a written submission has been filed. We heard the DR at length. Case record carefully perused.
Briefly stated the facts of the case are that on the basis of information received through AIR the Assessing Officer came to know that the assessee has sold an immovable property valued at Rs.39397000/- in which the share of the assessee is 1/3rd of the total value i.e.13132333/-. The assessee was asked to explain the nature of transaction and why capital gain on the sale of impugned property was not shown.
4. Assessee filed a reply but the Assessing Officer was not satisfied with the reply and concluded assessment proceedings as under :-
Assessee carried the matter before the CIT(A) but without any success.
We find that in one of the co-owners i.e. Jitender Kumar, this Tribunal in for A.Y.2009-10 held as under :-
Respectfully following the findings of this Tribunal (supra) we direct the AO to delete the impugned addition.
In the result, the appeal filed by the assessee is accordingly allowed.
Decision announced in the open court in the presence of Sr. DR on 24.11.2021.