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TMI Blog2013 (8) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... actually determined for the assessment year 1997-98 which cannot be assessed again now. Therefore, set aside the order of the CIT(A) in all the appeals under consideration and allow the grounds raised by the assessees in their respective appeals. - ITA No. 159/H/13 - - - Dated:- 31-5-2013 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri S. Rama Rao For the Respondent : Shri Ravindra Sai ORDER Per Asha Vijayaraghavan, J. M. These three appeals preferred by different assessees are directed against the orders of CIT(A), Vijayawada for the assessment year 2002-03. Since similar issue is involved in all the appeals, they were clubbed and heard together and, therefore, a common order is being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no other option except to conclude that the appellant is not serious or inclined to pursue the appeal. Further, no evidence has been filed in support of the grounds of appeal. Therefore, the additions made in the assessment order under appeal are hereby sustained and the appeal is dismissed." 6. Aggrieved the assessee is in appeal before us and has raised the following grounds of appeal, which are common in all the three appeals, are as follows:- "1. The order of the CIT(A) is erroneous both on facts and in law. 2. The CIT(A) erred in finalizing the appeal without providing proper opportunity to the appellant. The CIT(A) ought to have served the notice before deciding the appeal. 3. The CIT(A) ought to have seen that the issue inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Abdul Quyyum and 14 others entered into an agreement of development of land owned by these parties, an extent of 4512 sq.yards on 14/05/1996 for construction of flats on this land. As per the terms of the agreement, 60% of constructed area was to be surrendered by the owners to the builder and these land owners get 40% of constructed area of the flats. These land owners would get at 10,187 sq.ft. in addition to the car parking area, terrace rights etc. Further these assessees also received deposit/advance for surrendering 60% of the land for construction as per the development agreement as follows:- i) Mr. Abdul Waheed Rs. 4 lakhs, ii) Mr. Abdul Quadeer 4.35 lakhs, iii) Mr. Abdul Quayyum Rs. 4.10 lakhs. Thereafter, the flats were handed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled appeal and the Tribunal vide ITA Nos. 288, 289 290/Hyd/04 for AY 1997-98 order dated 30 th September, 2009 held as follows: "18.1 Further the learned counsel of the assessee tried to distinguish the judgment of Bombay High Court in the case of Chaturbhuj Dwarkadas kapadia Vs. CIT [260 ITR 491] and placed reliance on order of the Tribunal dated 30/07/2004 in the case of S. Raghurami Reddy, Proddatur Vs. ITO in ITA No. 296/Hyd/2003 for the assessment year 1991. In our opinion, the judgment of the Bombay High Court cited supra wherein held that 'section 2 (47) read with section 45 includes that capital gains was taxable in the year in which such transactions were entered into even if the transfer of immovable property is not effective o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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