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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER
PER R.S.SYAL, VP :
These three appeals by different but connected assessees
relate to the assessment year 2011-12. Since common issues are
raised in these appeals, I am, therefore, proceeding to dispose
them off by this consolidated order for the sake of convenience.
All the three appeals are time-barred by 276 days. The ld.
AR explained the reasons for the delay in filing the appeals, with
which I am satisfied. As such, the delay is condoned and the
appeals are admitted for disposal.
Briefly stated, the facts in the case of Smt. Leelabai D.
Shinde (ITA No.1158/PUN/2018 ) are that the assessee along
with other two co-owners, who are also appellants in the instant
batch of appeals, sold certain piece of land of 2 Acres for a
consideration of Rs.12.00 lakh. No capital gain was offered for
taxation. The valuation for the levy of stamp duty was found at
Rs.1.43 crore. Notice u/s.148 was issued. In the assessment
completed u/s.144 r.w.147, the Assessing Officer (AO) adopted
stamp valuation u/s.50C as full value of consideration for the purpose of calculation of capital gain. The assessee’s 1/3rd share
3 ITA Nos.1158 to 1160/PUN/2018 Shinde group
in the total stamp value at Rs.1.43 crore was arrived at
Rs.47,66,666/-. Such amount was added as long term capital
gain. The appeal of the assessee came to be dismissed by the ld.
CIT(A).
The facts apropos the other two assesses, who are other co-
owners, are similar in asmuchas same amounts have been added
in their hands as well. All the three assesses are in appeal before
the Tribunal.
I have heard both the sides and gone through the relevant
material on record. The ld. AR submitted that though the
assessees sold the above stated piece of land for a sum of
Rs.12.00 lakh, but no amount was, in fact, received as the
cheques issued were dishonoured. The ld. AR further submitted
that the assessee filed a Civil Suit in the month of February,
2018 against the buyers who purchased the land and cheques
issued by them for Rs.12.00 lakh, were bounced. The ld. AR
further submitted that the Chairman, Housing Pingri Society
filed a Civil Suit against the buyers of the land as well as the
assessees in September 2011 claiming that the plot of land,
subject matter of the extant sale, stood already sold to it way
back in 1968 and hence, there could be no further transfer of
4 ITA Nos.1158 to 1160/PUN/2018 Shinde group
such land by the assessees. My attention was drawn towards a
copy of the civil suit filed in this respect. The ld. AR submitted
that both the above civil suits are still pending in the Civil Courts
and are likely to be decided shortly. He stated that not only the
recovery of sale consideration of Rs.12.00 lakh has been
jeopardised but even the title of the property sold is also not
clear. The ld. AR submitted that it would be in the fairness of
the things if the impugned orders are set-aside and the matter is
remitted to the AO for deciding the issue afresh in the light of
such circumstances as have been narrated above. No serious
objection was taken by the ld. DR. Concurring with the
submissions advanced on behalf of the assessees, I set-aside the
impugned orders and remit the matter to the file of AO for
deciding this issue afresh as per law after allowing a reasonable
opportunity of hearing to the assessees.
In the result, all the three appeals are allowed for statistical purposes. Order pronounced in the Open Court on 20th March, 2019.
Sd/- (R.S.SYAL) उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 20th March, 2019 सतीश
5 ITA Nos.1158 to 1160/PUN/2018 Shinde group
आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-1, Aurangabad 4. The Pr. CIT-1, Aurangabad िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 20-03-2019 Sr.PS 2. Draft placed before author 20-03-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *