2019 (2) TMI 50

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . In response, he submitted that the Tribunal has deleted similar additions in the case of those two persons. He, however, expressed his inability to produce copies of such orders passed by the Tribunal. It was fairly admitted by the ld. AR that the facts and circumstances of the instant appeal are similar to those of two persons named in the assessment order. Since copies of the Tribunal order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... PER R.S.SYAL, VP : This appeal filed by the Revenue arises out of the order passed by the CIT(A)-1, Pune on 01-08-2016 in relation to the assessment year 2008-09. 2. The only issue raised by the Revenue in this appeal is against deletion of addition of ₹ 1,19,32,338/- made by the Assessing Officer under the head Capital gains . 3. Briefly stated, the facts of the case are that th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... noted that in similar two other cases Mr. P.S. Bhinder and Mr. R.V. Singh, it was submitted by those assessees that the Joint Development Agreement between the Society and THDC and M/s. Hash Builders Pvt. Ltd. was terminated. In the absence of any proof to substantiate this plea, the AO called for information u/s.133(6) from the society, THDC and M/s. Hash Builders. The THDC and M/s. Hash Builder .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... one through the relevant material on record. The ld. DR submitted that the judgment in the case of Sh. C.S. Atwal Vs. CIT, relied by the ld. CIT(A) for deleting the addition, is in relation to a different property and not the one which was sold by the assessee along with other society members. This was controverted by the ld. AR. As the AO matched the facts of the instant case with those of Mr. P. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this issue afresh in the light of the decision claimed to have been rendered by the Tribunal in similar facts in the case of Mr. P.S. Bhinder and Mr. R.V. Singh. Needless to say, the assessee will be allowed an opportunity of hearing in such fresh proceedings. 5. In the result, the appeal is allowed for statistical purpose. Order pronounced in the Open Court on 30th January, 2019. - - Ta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X