AO's Attempt to Tax Society's Capital Gains Fails Due to Lack of Evidence; Avoids Double Taxation u/s 143(3).

Addition on account of long term capital gain - AO has not brought on record any material which establish non-genuineness of the members of the society - all the members of the society were assessed to tax, in the case of the four members assessments have been made u/s. 143(3) of the Act, the capital gain shown by them in their return of income was duly accepted by the AO - action of the AO for taxing the long term capital gain arising on sale of land in the hands of the assessee society is amount to double taxation since the same has been taxed in the hands of individual member. - AT .....

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