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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER
PER R.S.SYAL, VP :
This appeal by the assessee arises out of the order passed by the CIT(A)-2, Thane on 31-05-2017 in relation to the assessment year 2009-10.
The only issue raised in this appeal is against treating the income from sale of agricultural land as short term capital gain as against exempt income claimed by the assessee.
Briefly stated, the facts of the case are that the assessee sold certain piece of land and declared the income as exempt.
2 ITA No.1909/PUN/2017 Mandaben Anil Bhagat
The AO treated the land as not an agricultural land and
charged the amount to tax as short term capital gain. No relief
was allowed in the first appeal.
I have heard the ld. DR and perused the relevant material
on record. There is no appearance from the side of the
assessee. The case came up for hearing on 03-10-2018 and
there was no appearance from the side of the assessee. A
notice was then sent through the Registered Post on 05-10-
2018. Again, there is neither any representation from the side
of the assessee nor a prayer for adjournment.
It is seen that the authorities below have considered the
profit from transfer of piece of land as leading to generation of
short term capital gain on the basis of certain material which
has not been controverted by the assessee. Under such
circumstances, I do not find any warrant to interfere with the
impugned order.
In the result, the appeal is dismissed. Order pronounced in the Open Court on 04th December, 2018. Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 04th December, 2018 सतीश
3 ITA No.1909/PUN/2017 Mandaben Anil Bhagat
आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded अ�ेिषत आदेश आदेश आदेश to : 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. आयकर आयु�(अपील) / The CIT (Appeals)-2, Thane 4. आयकर आयु� / The Pr. CIT-2, Thane 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / DR ‘SMC’, ITAT, Pune; 6. गाड� फाईल / Guard file. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
ITA No.1909/PUN/2017 Mandaben Anil Bhagat
Date 1. Draft dictated on 04-12-18 Sr.PS 2. Draft placed before author 04-12-18 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.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. *