How many judgments cite Chaturbhuj Dwarkadas Kapadia v. CIT?

150 judgments on BharatTax cite Chaturbhuj Dwarkadas Kapadia v. CIT (260 ITR 491), spanning 2015 to 2026.

Which sections of the Income Tax Act does Chaturbhuj Dwarkadas Kapadia v. CIT come up under?

It is most often cited in judgments turning on Section 1961, Section 148, Section 2(47)(v), Section 142(1), Section 147, Section 45.

Chaturbhuj Dwarkadas Kapadia v. CIT

260 ITR 491High Court2003#660 most cited

What is Chaturbhuj Dwarkadas Kapadia v. CIT authority for?

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

150

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

Chaturbhuj Dwarkadas Kapadia v. CIT · section 2(47)(v) · section 45 · section 53A Transfer of Property Act · capital gains · date of transfer · joint development agreement · JDA · possession in part performance · transfer of capital asset · section 45(5A)

Also reported as

180 CTR 107

Sections most often in play

Section 1961 Section 148 Section 2(47)(v)Section 142(1)Section 147 Section 45 Section 53A of the Transfer of Property Act Section 139(1)

Issues it is cited on

section 2(47)(v)section 53a section 53 section 2(47)joint development agreement jda transfer of capital asset date of transfer section 45 section 54 long term capital gain fair market value

Judgments citing Chaturbhuj Dwarkadas Kapadia v. CIT

LATE RAJESHAM RAGI,KARIMNAGAR vs. INCOME TAX OFFICER, WARD-2, KARIMNAGAR

In the result, appeal of the Assessee is allowed

ITA 776/HYD/2025[2013-14]Status: DisposedITAT Hyderabad10 Apr 2026AY 2013-14

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita.No.776/Hyd/2025 Assessment Year 2013-2014 Late Ragi Rajesham, The Income Tax Officer, Karimnagar. Ward-2, Vs. Pin – 505 001. Telangana. Karimnagar. Pan Aaxpr4513J Telangana. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By : Sri Rv Nageshwar Sharma, Ca राज" व "ारा/Revenue By : Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 10.03.2026 घोषणा की तारीख/Pronouncement: 10.04.2026 आदेश/Order Per Vijay Pal Rao:

For Appellant: Sri RV Nageshwar Sharma, CAFor Respondent: Dr. Sachin Kumar, Sr. AR

Section 148

…even as per the partition no where it is claimed that the land in question belongs to the HUF. He has relied upon the following decisions: 1. CIT vs. Gillanders Arbuthnot & Co. [1973] 87 ITR 407 (SC); Chaturbhuj Dwarkadas Kapadia of Bombay vs. CIT [2003] 2. 260 ITR 491 (Bom.); 3. CIT vs. Gita Duggal [2013] 357 itr 153 (Del.-HC); 4. ITO vs. C. Atchaiah [1996] 218 ITR 239 (SC); 5. Sumati Dayal vs. CIT [1995] 214 ITR 801 (SC); 7.1. The learned DR submitted that when the assessee has received the payment of Rs.5 lakhs under the said Development Agreement, then this transaction of handing- over the possession of th…

BILESHIVALE MUDDANNA GOVARDHANA MURTHY,BANGALORE vs. DCIT, CENTRAL CIRCLE - 1(2), BANGALORE, BANGALORE

ITA 2193/BANG/2025[2014-15]Status: DisposedITAT Bangalore05 Mar 2026AY 2014-15

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri R.E Balasubramanyam, CAFor Respondent: Shri Azhar Zain VP, CIT(DR)

Section 153ASection 250

…enjoyment and control of property. Even if formal possession was not physically handed over, the possession in legal sense stood transferred. 5.11 The AO relied on the judgment of the Hon’ble Supreme Court in the case of Chaturbhuj Dwarkadas Kapadia v. CIT (260 ITR 491), wherein it was held that for purposes of capital gains, transfer can take place even before execution of a registered sale deed if the developer is put in a position to exercise rights of ownership. . ITA No.2192 & 2193/Bang/2025 Page 6 of 28 5.12 The AO further observed that the assessee’s contention that payments were mere advances was no…

BILESHIVALE MUDDANNA GOVARDHANA MURTHY,BENGALURU vs. DCIT, CENTRAL CIRCLE - 1(2), BENGALURU

ITA 2192/BANG/2025[2013-14]Status: DisposedITAT Bangalore05 Mar 2026AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri R.E Balasubramanyam, CAFor Respondent: Shri Azhar Zain VP, CIT(DR)

Section 153ASection 250

MR POPATRAO DASHRATHRAO SURYAWANSHI,PUNE vs. INCOME TAX OFFICER, WARD-7(4), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 234/PUN/2024[2017-18]Status: DisposedITAT Pune21 Jan 2026AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Mr. Popatrao Dashrathrao Suryawanshi Ito, Ward 7(4), Pune S.No.38, Tingre Nagar, Havaldar Mala, Vs. Vishrantwadi, Pune – 411015 Pan: Adhps2643F (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Manish Mehta, Addl.Cit Date Of Hearing : 19-01-2026 Date Of Pronouncement : 21-01-2026 O R D E R

For Appellant: Shri Suhas BoraFor Respondent: Shri Manish Mehta, Addl.CIT

Section 142(1)Section 143(2)Section 45(2)Section 54BSection 54F

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER Assessment year : 2017-18 Mr. Popatrao Dashrathrao Suryawanshi ITO, Ward 7(4), Pune S.No.38, Tingre Nagar, Havaldar Mala, Vs. Vishrantwadi, Pune – 411015 PAN: ADHPS2643F (Appellant) (Respondent) Assessee by : Shri Suhas Bora Department by : Shri Manish Mehta, Addl.CIT Date of hearing : 19-01-2026 Date of pronouncement : 21-01-2026 O R D E R PER R.K. PANDA, V.P: This appeal filed by the assessee is directed against the order dated 08.12.2023 of the Ld. CIT(A) / NFAC, Delhi re…

LALCHAND NARAYAN BHAKT,JALNA vs. ITO WARD 2, JALNA

In the result, the appeal filed by the assessee is allowed

ITA 93/PUN/2025[2011-12]Status: DisposedITAT Pune19 Dec 2025AY 2011-12

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2011-12

For Appellant: Shri Hari KrishanFor Respondent: Shri A D Kulkarni

Section 133ASection 139(1)Section 142(1)Section 148Section 2(14)(iii)Section 2(47)(v)

…of the TP Act must be registered in view of the amendment made by the Registration and other related laws (Amendment) Act, 2001. He also relied on the decision of Hon’ble Bombay High Court in the case of Chaturbhuj Dwarkadas Kapadia vs. CIT reported in (2003) 260 ITR 491 (Bom). He accordingly submitted 10 that the order of the Ld. CIT(A) / NFAC be set aside and the addition of Rs.25 lakhs sustained by him on account of forfeiture of the amount be deleted. 11. The Ld. DR on the other hand heavily relied on the order of the Ld. CIT(A) / NFAC. He submitted that the Ld. CIT(A) / NFAC while sustaining the addition o…

AMIT KUMAR VERMA,PATNA vs. ITO, WARD- 6(1), PATNA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 357/PAT/2023[2015-16]Status: DisposedITAT Patna04 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

…movable property: 5. The transferee should have taken possession of the property; 6. The transferee should be ready and willing to perform his part of the contract. 6.6 Likewise, the Bombay High Court in the case of Charturbuj Dwarakadas Kapadia v. CIT (2003) 260 ITR 491 (Bom) held that the 'transfer' as far as the landowner is concerned takes place on the date of entering into the JDA on the ground that possession given to a developer would also fall within the ambit of the 'transfer under Section 53A of the TOPA read with Section 2(47)(v) of the Act. The Hon'ble Bombay High Court in Chaturbhuj Dwarakadas Kapadi…

DASA SHETTY KANTHA,BANGALORE vs. ACIT CIRCLE 6(3)(1), BANGALORE, BANGALORE

ITA 299/BANG/2025[2010-11]Status: DisposedITAT Bangalore14 Aug 2025AY 2010-11

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Hari Pd. Nayak, ARFor Respondent: Shri N Balusamy, JCIT

Section 2(47)(v)Section 234A

…capital in the year of JDA on the deemed value of cost of construction of his share of flats. In support of the view taken, the AO referred the judgment of Hon'ble Supreme Court in the case of Chaturbhuj Dwarkadas Kapadia of Bombay vs. CIT reported in (2003) 260 ITR 491 and decision of Hon'ble ITA No.1926/Bang/2024 & 299/Bang/2025 Page 4 of 20 Karnataka High Court in the case of CIT vs. DR. T.K. Dayalu reported in (2011) 14 taxmann.com 120. 10. In view of the above, the AO estimated the cost of construction at Rs.1000 per sq. ft. and accordingly computed the deemed value for assessee's share of 32 flats of 380…

DASA SHETTY KANTHA,BANGALORE vs. ACIT CIRCLE 3(2)(1), BANGALORE, BANGALORE

ITA 1926/BANG/2024[2013-14]Status: DisposedITAT Bangalore14 Aug 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Hari Pd. Nayak, ARFor Respondent: Shri N Balusamy, JCIT

Section 2(47)(v)Section 234A

DINAR UMESHKUMAR MORE,MALEGAON vs. ITO WARD 1, MALEGAON

In the result, appeal of the assessee is allowed

ITA 2125/PUN/2024[2011-12]Status: DisposedITAT Pune14 Jul 2025AY 2011-12

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sanket M JoshiFor Respondent: Shri Ramnath P Murkunde

Section 143(3)Section 250Section 271(1)(c)Section 275

…ing penalty in the order u/s 271(1)(c) and therefore, the penalty order u/s 271(1)(c) was not sustainable in law. 4] The learned CIT(A) erred in not appreciating that as per the law laid down by Hon'ble Jurisdictional Bombay High Court in Chaturbhuj Kapadia [260 ITR 491], the impugned long term capital gain was taxable in A.Y.2003-04 when the registered development agreement was executed and possession of the property was transferred upon receipt of part consideration through banking channel and merely because the appellant had accepted the taxability in A.Y.2011 12 during quantum proceedings, there was no reaso…

BHANUBEN RAMANBHAI SURATI(ALIAS PATEL) L/H OF LATE RAMANBHAI KESHAVBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD - 1, BARDOLI

ITA 769/SRT/2023[2013-14]Status: DisposedITAT Surat28 May 2025AY 2013-14

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.769/Srt/2023

Section 143(2)Section 2(47)(v)Section 250Section 50CSection 53a

…e Act and section 53a of the Transfer of Property Act, 1982 and submitted that capital gain is taxable in FY.2011-12 (i.e., AY.2012-13) and not AY.2013-14. He relied on the decision of Hon'ble Bombay High Court in case of Chaturbhuj Dwarkadas Kapadia vs. CIT, 260 ITR 491 (Bom.) and submitted that he has paid capital gain tax in AY.2012-13. He submitted that he had completed sale of the agricultural land by the development agreement in all respect. The subsequent registered sale agreement executed on 11.10.2012 (AY.2013-14) was for the purpose of transfer of proper legal title in the name of the buyer company. The…

RAJU SURYANARAYANA ALLURI,USA vs. ITO (INT TAXN)-1, HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 505/HYD/2024[2016-17]Status: DisposedITAT Hyderabad19 May 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

For Appellant: Shri K.C. Devdas, C.AFor Respondent: Shri B. Balakrishna, CIT-DR

Section 139Section 147Section 148Section 2(47)(v)Section 45

…cable prospectively and hence it is not applicable to the case of the assessee. Before the insertion of section 45(5A) of the Act, a settled position of law has laid down by Hon'ble Bombay High Court in the case of Chaturbhuj Dwarakadas Kapadia Vs. CIT (2003) 260 ITR 491 (Bom), wherein the Hon'ble Court has held that capital gain arises in the year in which possession is handed over in part performance of the contract. The Ld. DR invited our attention to para no.7 of the JDA placed at page no.30 of the paper book and submitted that, possession of the property had already handed over by the assessee to the develop…

DAMJI J GALA,KHANDILKAR ROAD vs. ITO 19(1)(4), TARDEO ROAD

In the result the appeal filed by the assessee stands partly

ITA 3407/MUM/2024[2010-11]Status: DisposedITAT Mumbai16 Dec 2024AY 2010-11

Bench: Smt Beena Pillai & Shri Prabhash Shankar

Section 147Section 148Section 2Section 2(47)

…understand that tenancy and ownership right are not the same right. 12. The learned CIT(A) has erred in law and in facts in confirming the action of AO in failure to follow binding decision of jurisdictional high court of Chaturbhuj Dwarkadas Kapadia vs. CIT (260 ITR 491) for the date of transfer under section 2 (47) even when the facts are same. 13. The learned CIT(A) has erred in law and in facts in confirming the action of AO in failure to follow binding decision of Mumbai ITAT in the appeal no ITA по. 8862/Мum./2011 in case of Mrs. Tauqeer Fatema Rizvi vs ITO for allowance of cost of acquisition in case of co…

RAMESH REDDY GONGALLA,UNITED STATES vs. ADIT(INT TAXN)-1, HYDERABAD

In the result, appeal of the assessee is allowed for statistical purpose

ITA 113/HYD/2024[2017-18]Status: DisposedITAT Hyderabad14 Oct 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K.Narasimha Chary

For Appellant: Shri S.Rama Rao, ARFor Respondent: Shri B.Bala Krishna, CIT, DR

Section 133(6)Section 147Section 45Section 54Section 54F

…आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A”, HYDERABAD BEFORE SHRI MANJUNATHA G., ACCOUNTANT MEMBER & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER आ.अपी.सं / ITA No.113/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2017-18) Ramesh Reddy Gongalla ADIT (Int.Taxn)-1 United States Vs. Hyderabad [PAN : CIIPG6651H] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee by: Shri S.Rama Rao, AR राजस्‍व द्वारा/Revenue by: Shri B.Bala Krishna, CIT, DR सुिवाई की तारीख/Date of hearing: 08/10/2024 घोर्णा की तारीख/Pronouncement on: 14/10/2024 आदेश / ORDER PER K.…

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

ITA 245/IND/2024[2017-18]Status: HeardITAT Indore04 Sept 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 54

…आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER Mahendra Singh Chawla DCIT circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) PAN: AAZPC0120C Assessee by None Shri Ashish Porwal, Sr. DR Revenue by Date of Hearing 02.09.2024 Date of Pronouncement 04 .09.2024 O R D E R Per Vijay Pal Rao, JM : This appeal by assessee is directed against the order dated 08.01.2024 of the Commissioner of Income Tax (Appeal) National Fac…

NALAPAD PROPERTIES ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOMER TAX, CENTRAL CIRCLE-2(3) , BANGALORE

ITA 1297/BANG/2024[2017-18]Status: DisposedITAT Bangalore16 Aug 2024AY 2017-18

For Appellant: Sri H. Guruswamy, ITP &For Respondent: Shri Kiran D., D.R

Section 139(9)Section 143(2)Section 153CSection 250Section 45

…on 45(1) arises in the same year of JDA and the consideration is required to be computed as per the SR value of the transferred land. The same view was also held by the Hon'ble High Court of Bombay in the case of Chaturbhuj Dwaraka Das Kapadia v/s. CIT (2003) 260 ITR 491. The appellant submits that as per the above judicial decision which have reached the finality the chargeability of capital gains tax arises in the same year as that of the year of JDA and the ratio laid down in the above judicial decision is applicable in respect of the capital asset as per section 2(47)(v) r.w.s 53A of the Transfer of Property…

SONALI HARSHAL GAVANDALKAR,THANE vs. ITO, WARD-2(4), KALYAN

In the result, the appeal is allowed in aforesaid terms

ITA 814/MUM/2024[2011-12]Status: DisposedITAT Mumbai25 Jun 2024AY 2011-12

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)

For Appellant: Shri Devendra Jain, A.RFor Respondent: Shri P. D. Chougule (Addl. CIT) SR. D.R

Section 142Section 143Section 147Section 148Section 250Section 250(4)

…is held correct. Further, if there are any mistakes in the determination of the consideration value, the appellant has not brought forth the same. Following the decision of the jurisdictional Mumbai High Court in respect of Chaturbhuj Dwarkadas Kapadia (2003) 260 ITR 491, the transfer of property in the development agreement is subject to capital gains. Thus, the addition of the assessing officer is upheld.” 6. During the course of appellant proceedings before us, the appellant stated as under: “1. Appeal filed before Jurisdictional CIT (A)-3, Thane on 23/01/2019. 2. Notices issued by the Jurisdictional CIT (A) a…

DCIT -26(1) , MUMBAI vs. SHREYAS BUILDERS, MUMBAI

In the result, the appeal of Revenue is dismissed

ITA 2404/MUM/2023[2013-14]Status: DisposedITAT Mumbai23 Feb 2024AY 2013-14

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2404/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit-17(1) बिधम/ Shreyas Builders Room No. 117, 1St Floor, G- A-42, 4Th Floor Roop Vs. Block, Kautliya Bhavan, Darshan, Juhu Lane, Bandra Kurla Complex, Andheri (West), Mumbai- Mumbai-400051. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aapfs5485E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhadresh Doshi Revenue By: Dr. Kishor Dhule (Cit,Dr) सुनवाई की तारीख / Date Of Hearing: 01/02/2024 घोषणा की तारीख /Date Of Pronouncement: 23/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, [Hereinafter Referred To As The “Cit”], Delhi Dated 08.05.2023 For Assessment Year 2013-14. 2. In The Several Grounds Raised In The Appeal, The Revenue Has Agitated The Action Of The Ld. Cit(A) Holding That The Assessee Was Engaged In The Business Of Real Estate Development & Therefore The Plot Of Land Held By It Was In Nature Of ‘Stock-In-Trade’ As Opposed To The Ao’S Action Of Holding The Said Plot Of Land To Be In Nature Of ‘Capital Asset’. According To Revenue Therefore, Since The Said Plot Of Land To Be In Nature Of ‘Capital Asset’, The Levy Of Capital Gains Tax Stood Triggered Upon Execution Of Joint Development Agreement (Herein

For Appellant: Shri Bhadresh DoshiFor Respondent: Dr. Kishor Dhule (CIT,DR)

Section 2(47)(v)

…eferred to in section 53A of the Transfer of Property Act, 1882. In the instant case, both the above conditions are fulfilled. (xi) Reliance is also placed on the decision of Hon’ble Bombay High Court in the case of Chaturbhuj Dwarkadas Kapadia v/s CIT (2003 260 ITR 491 BOM). (xii) In a recent letter no. F.No.225/58/2016/ITA.II dated 29.02.2016 of Department of Revenue (CBDT) addressed to Income Tax authorities, the above view has been supported. The relevant extracts of the said letter are as under: “In real-estate development protects in India, Joint development agreement (IDA) with single or multiple owners…

ACIT, CENTRAL CIRCLE -1(3), NAGPUR vs. SHRI ASHOK VASANTRAI TRIVEDI , NAGPUR

In the result, the appeal of Revenue is dismissed

ITA 413/NAG/2019[2012-13]Status: DisposedITAT Nagpur21 Feb 2024AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri K.P. DewaniFor Respondent: Shri Kailash G. Kanojiya

Section 132Section 143(3)Section 153ASection 2(47)Section 2(47)(v)

…he same, the CIT(A) placing reliance on the order of Mumbai Tribunal in the case of Mrs. Aarti Sanjay Kadam reported in 172 ITD 362 (Mum.), which in turn, considering the decision of Hon’ble High Court of Bombay in the case of Chaturbhuj Dwarkadas reported in 260 ITR 491 (Bom.), held that the assessee therein is liable to tax for capital gain in the year of receipt of constructed area and not in the year of entering into development agreement. Further, placing reliance on the order of Hyderabad Bench in the case of Fibars Infratech Pvt. Ltd. reported in 98 4 ITA Nos. 412 & 413/NAG/2019, A.Y. 2012-13 DTR 281, th…

ACIT-CENTRAL CIRCLE -1(3), NAGPUR vs. SHRI AJAY VASANTRAI TRIVEDI , NAGPUR

In the result, the appeal of Revenue is dismissed

ITA 412/NAG/2019[2012-13]Status: DisposedITAT Nagpur21 Feb 2024AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri K.P. DewaniFor Respondent: Shri Kailash G. Kanojiya

Section 132Section 143(3)Section 153ASection 2(47)Section 2(47)(v)

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 1008/COCH/2022[2012-13]Status: DisposedITAT Cochin12 Jan 2024AY 2012-13

Bench: Shri Sanjay Arora & Manomohan Dask.P. Muhammed Ali Income Tax Officer K.P. House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [Pan:Agnpm9397F] (Appellant) (Respondent)

For Appellant: Shri Raghunathan Palakkal, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR

Section 143(3)Section 2(47)Section 2(47)(vi)Section 53A

…he JDA and GPA, reproduced in their orders by the Revenue authorities, further relying on the decisions in Prameeela Krishna v. ITO [2014] 42 taxmann.com 185 (Kar); CIT v. Dr. T.K. Dayalu [2011] TIOL-559-HC-KAR-IT;andChaturbhuj Dwarkadas Kapadia v. CIT [2003] 260 ITR 491 (Bom). 2 K.P. Muhammed Ali v. ITO 4. Before us, the assessee would emphasize that the construction was finally completed only in 2017, and occupancy certificate obtained on 20/6/2017, only upon which could the building be regarded as habitable. Two, both the JDA and GPA are unregistered and, therefore, no cognizance thereto in law, in view of th…

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