INCOME-TAX OFFICER, WARD - 5(2), PUNE vs. SUBHASH KRISHNARAO SAPTARSHI, PUNE
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the development agreement executed in 2004, which involved transfer of land and possession to the developer with the same sale consideration as the later sale deed, constituted a transfer in AY 2004-05. Therefore, the capital gains should be taxed in that year.
What were the facts?
The assessee executed a development agreement in 2004 for a property, which was later formalized by a sale deed in 2010. The Assessing Officer taxed the capital gains in the year of the sale deed (AY 2011-12), while the assessee contended it should be taxed in the year of the development agreement (AY 2004-05).
What were the issues?
The primary issue was the correct assessment year for taxing capital gains arising from a property transaction, specifically whether a development agreement constituted a transfer for tax purposes.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(6)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Balbir Singh Maini228 citing398 ITR 537 · 2017 · SC · Read judgment
- 438 ITR 296196 citing438 ITR 296 · 2021 · SC
- 432 ITR 206182 citing432 ITR 206 · 2020 · SC
- CIT v. Attili N. Rao28 citing119 Taxmann 1030 · 2001 · SC
- Bagri Impex (P.) Ltd. v. Asst. CIT9 citing214 Taxmann 305 · 2013 · HC
- V.S.M.R.Jagadishchandran v. CIT4 citing93 Taxmann 389 · 1997 · SC
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI S.S. GODARA & G.D. PADMAHSHALI
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to: 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. The concerned CIT(A) concerned; 4. The CIT concerned िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “A” / 5. DR ‘A’, ITAT, Pune गाड� फाईल / Guard file 6. आदेशानुसार/ BY ORDER, // True Copy //
Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 29-11-2022 Sr.PS 2. Draft placed before author 02-12-2022 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS 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.
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