Savita Subhash Tilekar, Pune V. Income-tax Officer, Ward - 14 (4), Pune

ITA 1111/PUN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9862 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 16-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Capital asset; Condonation of delay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO. 1111/PUN/2019 / ASSESSMENT YEAR : 2008-09 SAVITA SUBHASH TILEKAR, KAVDI PAT, KADAMWAK WASTI, HAVELI, PUNE 412 201 PAN : AZCPT2508D VS. ITO, WARD-14(4), PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-7, PUNE ON 20-06-2017 IN RELATION TO THE ASSESSMENT YEAR 2008-09. 2. THIS APPEAL IS TIME-BARRED BY 696 DAYS. THE ASSESSE E HAS FILED AN APPLICATION FOR CONDONATION OF DELAY STATING REASONS TO THE EFFECT THAT, AT THE MATERIAL TIME, SHE WAS SUFFERING FROM CANCER AND UNDERGOING TREATMENT OF APPELLANT BY SHRI PRAMOD SHINGTE RESPONDENT BY SHRI V.K. SINGH DATE OF HEARING 03-01-2020 DATE OF PRONOUNCEMENT 03-01-2020 ITA NO. 1111/PUN/2019 SMT. SAVITA SUBHASH TILEKAR 2 CHEMOTHERAPY. I AM SATISFIED WITH SUCH REASON. THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON MERITS. 3. THE ONLY ISSUE RAISED IN THIS APPEAL ON MERITS IS AGAINST THE ADDITION ON ACCOUNT OF LONG TERM CAPITAL GAIN. 4. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELEVAN T MATERIAL ON RECORD. IT IS SEEN THAT THE INSTANT DISPUTE AROSE O N ACCOUNT OF TRANSFER OF A CAPITAL ASSET, OF WHICH THE ASSESS EE WAS THE CO-OWNER. THE OTHER CO-OWNERS, NAMELY, SHRI PR ITAM SUBHASH TILEKAR AND SHRI VIKRAM SUBHASH TILEKAR ARE SONS OF THE ASSESSEE. SIMILAR ADDITIONS WERE MADE IN THE HANDS OF TH E OTHER CO-OWNERS. THE MATTER CAME UP FOR CONSIDERATION BEF ORE THE TRIBUNAL IN THE HANDS OF OTHER TWO CO-OWNERS. THE TRIBUNAL, VIDE ORDER DATED 06-09-2019 IN ITA NOS. 962 & 963/PUN/2019, HAS ALLOWED THE APPEALS OF THE OTHER CO- OWNERS. A COPY OF SUCH ORDER HAS BEEN PLACED ON RECO RD. IT HAS BEEN FAIRLY ADMITTED THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT APPEAL ARE MUTATIS MUTANDIS SIMILAR TO THOSE ALREADY CONSIDERED AND DECIDED BY THE TRIBUNAL IN THE CASE OF THE OTHER ITA NO. 1111/PUN/2019 SMT. SAVITA SUBHASH TILEKAR 3 TWO CO-OWNERS. RESPECTFULLY FOLLOWING THE PRECEDENT, I OVERTURN THE IMPUGNED ORDER AND DIRECT TO DELETE THE ADDITION. 5. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD JANUARY, 2020. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 03 RD JANUARY, 2020 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-7, PUNE 4. THE PR. CIT-6, PUNE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO. 1111/PUN/2019 SMT. SAVITA SUBHASH TILEKAR 4 DATE 1. DRAFT DICTATED ON 03-01-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 03-01-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -- JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -- JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *