Dhara Singh, Ghaziabad vs. ITO, Ward-1(2), Ghaziabad
In the result, the Appeal filed by the Assessee stands allowed
ITA 2213/DEL/2018[2012-13]Status: DisposedITAT Delhi20 Jul 2018AY 2012-13
Bench: Shri H.S. Sidhu & Shri T.S. Kapooray: 2012-13 Dhara Singh Ito, Ward 1(2), C/O Rupinder Kumar Vs. Ghaziabad Aggarwal, Uttar Pradesh Advocate, Ab-1A/22, Sector-51, Noida -201301 (Pan: Czjps0155A) (Assessee) (Respondent)
For Appellant: Sh. Gautam Jain, Adv., ShFor Respondent: Sh. V.K. Jiwani, Sr. DR
Section 144Section 147Section 148Section 234BSection 234CSection 48Section 50CSection 54F
…dated 15.5.2008 and the aforesaid advance payment of Rs. 50 lacs duly find recorded in the sale deed. The jurisdictional High Court in the case of CIT v. Shimbu Mehra 236 Taxman 561 (All) following the judgment of Apex Court in the case of Sanjeev Lal v. CIT 365 ITR 225 has held that the moment an agreement to sell is executed between the parties and part consideration is received, the transfer for the purpose of section 50C takes place and computation under section 48 will start accordingly and it was held therein as under: “14. In the light of the aforesaid provision, it is apparently clear that the moment an…