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TMI Blog2022 (7) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... he record and it is not permissible to review the decision taken by the Tribunal. In our view, what the assessee is seeking in the guise of this Miscellaneous Application is the review of the well reasoned and well considered decision taken by the Tribunal which is not permissible under Section 254(2) of the Act. We, therefore, reject the said application being devoid of any merit. Miscellaneous Application is dismissed. - MA No. 23/Ahd/2022 (Arising out of ITA No. 2968/Ahd/2017) - - - Dated:- 20-7-2022 - SHRI P. M. JAGTAP , VICE-PRESIDENT AND SHRI SIDDHARTHA NAUTIYAL , JUDICIAL MEMBER Assessee by : Shri A. C. Shah , AR Revenue by : Shri Rakesh Jha , Sr DR ORDER PER P. M. JAGTAP , VICE-PRESIDENT : By this Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration all the facts of the case as well as the material available on record. He submitted that the contention raised on behalf of the assessee has been rejected by the Tribunal giving cogent reason and there is no mistake apparent from the record in the order of the Tribunal. 4. We have considered the rival submissions and also perused the relevant material available on record. It is observed that that the main contention raised on behalf of the assessee regarding non-receipt of any consideration by the assessee was considered, dealt with and rejected by the Tribunal for the following reasons given in paragraph No.8 of its order:- 8. As regards the assessee s appeal, the main contention raised by the learned Counsel for the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 2(47) of the Act. The said property is actually transferred within the meaning of Section 2(47) of the Act only on 29.07.2011 when the sale deed was executed and registered; and, as clearly mentioned in the sale deed, the transferors were the assessee and other three co-owners being the legal heir of Shri Ganpatbhai K. Patel. Shri Hamad Ali had joined the said sale deed only as confirming party and received certain amount out of total consideration as stated therein. As regards the contention of the learned Counsel for the assessee that no consideration was received by the assessee on sale of her share in the immovable property, it is observed that a sum of Rs.53,26,000/- was already received by Shri Ganpatbhai K. Patel in the past f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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