9911796707
TMI Blog2021 (2) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... Gain added by the AO, confirmed by ld.CIT(A) is deleted. In the result the grounds of appeal raised by the assessee are allowed. - I.T.A No.1870/AHD/2015 - - - Dated:- 7-1-2021 - Shri Pawan Singh, Hon'ble Judicial Member And Dr. Arjun Lal Saini, Hon'ble Accountant Member For the Assessee : Shri Sapnesh Sheth AR For the Revenue : Smt. Anupama Singla Sr.DR ORDER PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal filed by the Assessee is directed against the order of Learned Commissioner of Income Tax (Appeals)-Valsad, dated 20.05.2015 for the A.Y. 2009-10. The Assessee raised the following grounds of appeal: 1. On the facts and circumstances of the case as well as law on the subject, the learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dependent of each other. 7. Your Appellant craves, leave to amend, alter, delete and/or add to foregoing Grounds of Appeal any time before the appeal is decided. 2. Brief facts of the case are that the assessee was an individual filed his Return of Income for A.Y. 2009-10 on 19.05.2009 declaring income of ₹ 2,13,560/-. In the computation of income the assessee claimed Long Term Capital Gain (LTCG) of ₹ 1,58,750/-. During the assessment the assessing officer asked the assessee to substantiate the LTCG. On show cause by the Assessing Officer (AO), the assessee contended that during the relevant period the assessee along with his co-owner sold ancestral property bearing Tikka No.86 CS No.3848 situated at Navasari. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The AR for assessee further submits that the amended provision of section 50C, amended w.e.f 01.10.2009 and is not applicable for the A.Y. 2009-10. Hence, the value so adopted by the stamp valuation authority cannot be considered against the assessee. 5. In other alternative submission the AR for the assessee submits that in assessee co-owner s case the Department has accepted similar Long Term Capital Gain in the assessment order passed under section 143(3) of the Act. The AR of the assessee furnished the copy of assessment order in case of Smt. Prabhodhchandra Ambelal Desai dated 27.09.2013 and in case of Smt. Prabhaben H.Desai in the assessment order dated 27.09.2013 passed under section 147 r.w.s 143(3) of the Act. The AR for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing authorities is sanctioned it would militate against the principle of equality of laws enshrined in Article 14 of the Constitution. By following the same principle, the Co-ordinate Bench of this Tribunal in Chetanbhai Prahladbhai Gami vs. ITO in ITA No.2082/AHD/2013 dated 19.07.2019, the Tribunal granted relief to the assessee holding that while making the assessment of the same property the similar treatment should be granted. 9. We have noted that in assessee s co-owner s case with respect to the property against the sale of which the assessee claimed Long Term Capital Gain, the AO in assessee s co-owner case in Prabhodhchandra Ambelal Desai allowed the similar Long Term Capital Gain by passing the following order : 3. On pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed in other co-owner case i.e. Smt. Prabhaben Harshadrai Desai, relevant part of the assessment order is extracted below;: 3. On perusal of records and details submitted by the assessee it was found that the assessee was co-owner having share of 6.25% in the property sold for ₹ 2,00,00,001/- on 19.01.2009 situated at Survey No.86, Lunsikui, Navsari. Value of property as per stamp duty valuation was determined at ₹ 4,09,01,000/-. The assessee has not declared capital gain as he has not filed Return of Income for AY 2009-10. The said property was inherited by the assessee. The assessee has submitted valuation report of the property from Govt. Approved Valuer who has arrived value of property at ₹ 66,61,020 as on 01. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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