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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI D.KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM
आदेश आदेश / ORDER आदेश आदेश PER D. KARUNAKARA RAO, AM :
This appeal is filed by the Revenue against the order of CIT(A)- II, Pune, dated 21-07-2014 for the Assessment year 2010-11.
Brief facts of the case are that assessee is an individual deriving income from other sources and long term capital gain on account of sale of a flat known as “CYRUS COURT”, situated at Wanawadi, Pune during the year under consideration. Assessee filed the return of income on 29-07-2010 declaring total income of Rs.76,02,102/-. Assessee claimed Rs.4,29,037/- as capital gain on account of sale of the said land. AO determined the income of the assessee at Rs.98,45,530/- holding that the gains earned by the
2 ITA No.2003/PUN/2014 Mahendra Kantilal Parmar
assessee constitute short term capital gains. While holding so, AO
relied on the judgment of Hon’ble Calcutta High Court in the case of
Girish Chandragupta and Tarunkumar Das 31 taxmann 39. CIT(A)
after discussing the various High Court judgments/Tribunal
decisions on this issue held that the sale of the said flat in question
should be decided on the date of execution of the document and not
on the date of completion of registration allowed the claim of the
assessee.
After hearing both the sides, we find the tax effect of
Rs.6,93,218/- in the present case would certainly be less than Rs.10
lakhs considering the relief granted by the CIT(A). Therefore, in view
of Circular No.21/2015 dated 10-12-2015 of CBDT raising the
monetary limit for filing of appeals by the Department before the
Tribunal, which also applies to pending appeals filed by the Revenue,
the appeal filed by the Revenue is not maintainable and has to be
dismissed. In view of the above, the appeal filed by the Revenue is
dismissed.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on this 25th day of
January, 2018
Sd/- Sd/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER
पुणे Pune; �दनांक Dated : 25th January, 2018 सतीश
3 ITA No.2003/PUN/2014 Mahendra Kantilal Parmar
आदेश आदेश क� आदेश आदेश क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order forwarded to : अ�ेिषत
अपीलाथ� / The Appellant 1. ��यथ� / The Respondent 2. 3. The CIT(A)-II, Pune 4. CIT-II, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “A Bench” 5. Pune; गाड� फाईल / Guard file. 6. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER,स आदेशानुसार
स�यािपत �ित //True Copy// //True Copy// Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune