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TMI Blog2015 (11) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... ble on the part of the respondent to initiate action against the petitioner in respect of capital gains from the same properties - Held that:- When the properties sold are being one and the same and the sellers are also one and the same, two different yardsticks cannot be adopted. That apart, since the issue, as far as the other owners are concerned, is one and the same, the petitioner's claim alo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1 of 2015 in Nos. 33156, 33157 & 8922 of 2015 - - - Dated:- 16-10-2015 - R. Mahadevan, J. For the Appellant : Mr. K Soundararajan For the Respondent : Mr. T Pramod Kumar Chopda, in all W.Ps Senior Standing Counsel ORDER Seeking to quash the impugned order passed by the respondent in Pan Nil dated 25.09.2015 under Sections 271(1)(b) and 27(1)(c) of the Income Tax Act respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 148 of the Income Tax Act, on the basis that the capital gains were not reported to the Department. For the above said notices, the petitioner's father submitted a reply dated 27.01.2015, in which, he explained that the property belongs to eight persons. The Income Tax Officer, Ward - I(1), Thanjavur accepted the explanation of the petitioner's father and dropped his proposal. Now, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sold are being one and the same and the sellers are also one and the same, two different yardsticks cannot be adopted. That apart, since the issue, as far as the other owners are concerned, is one and the same, the petitioner's claim alone cannot be rejected. Without considering the said aspects, the respondent has passed the impugned orders. Hence, to give a quietus to this issue, in the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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