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TMI Blog2017 (12) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... aspects and determine it afresh on the facts of the case and as per the provisions of law. With these directions, the orders of the authorities are set aside and the entire issue is restored to the file of AO for fresh consideration. Assessee should be given due opportunity to make the submissions/presentation of facts. - I.T.A. No. 655/HYD/2014 - - - Dated:- 17-11-2017 - SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER For The Assessee : Shri C.S. Subrahmanyam And Shri V. Siva Kumar, ARs For The Revenue : Shri L. Ramji Rao, DR ORDER PER B. RAMAKOTAIAH, A.M. : This is an appeal by assessee against the order of the Commissioner of Income Tax (Appeals)-IV, Hyderabad, dated 25-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by her or a facsimile signature was affixed on the forms? It was clarified that assessee did indeed signed the forms and further a fresh Form-36 was also filed on record. 4. Briefly stated, assessee is an individual and after issuance of notice u/s. 148 of the Act by the department, she filed return of income on 11-11-2011 for the AY. 2008-09, declaring total income of ₹ 29,644/-. The proceedings were initiated as there was a sale of immoveable property during the previous year relevant to AY. 2008-09, property of 28.08 kuntas, which was sold to M/s. Sunrise Builders and Developers by Assessee, her brother Sri Karim Nawaz Alladin and also Smt. Farida Alladin. As agreement of sale cum General Power of Attorney registered with a S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) referred to the narrations in the deed to confirm the AO s opinion that assessee entered the transaction as a vendor and not as a confirming party and dismissed the appeal. Hence the present appeal. 6. Assessee has raised the following grounds: 1. The Learned Commissioner of Income Tax (Appeals) erred in holding the assessee as liable for capital gains though she has not received any sale consideration. 2. The Commissioner of Income Tax (Appeals) ought to have considered the affidavit filed by the seller as well as the assessee stating facts of the case, regarding the sale transaction . 6.1. Assessee also raised further additional grounds as under: The levy of capital gains in the hands of the appellant does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble Court have been issued subsequently and these are not before the AO. It was further submitted that assessee has not received any consideration and if any gains is to be assessed, the same may be assessed in the hands of Shri Karim Nawaz Alladin. 8. Ld.DR, however, relied on the orders of the authorities to submit that assessee has been shown as 1/3rd owner of the property, accordingly, the capital gains have been assessed in her hands. 9. We have considered the rival contentions and perused the documents placed on record. What the assessee has entered into is not a sale deed as considered by the AO and CIT(A) but only an agreement of sale cum Irrevocable General Power of Attorney for a property, which the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wards part of sale consideration. However, initially due to her ill health and later the death of Smt. Bilkiz Alladin, the sale transaction could not be completed. As seen from this, the consideration was also stated to have been received by Smt. Bilkiz Alladin. How much of the money has been received by Smt Bilkiz Alladin or/ and assessee s brother and whether assessee has received any consideration in the transaction has not been examined by the AO at all. Just because her name was mentioned as a vendor, 1/3rd of the capital gains have been brought to tax in her hands, without examining whether she had any title to the property and whether she had received any consideration. 10.1. Now, that the title itself is disputed, we are of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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