Uttam Baburao Kamathe, Pune V. Income-tax Officer, Ward - 14 (4), Pune

ITA 1369/PUN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3170 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 13-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Capital asset
• Section: 264

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1369/PUN/2019 / ASSESSMENT YEAR : 2008-09 UTTAM BABURAO KAMATHE, A/P. TARAWADIWASTI FURSUNGI, TAL. HAVELI, DIST. PUNE 412 308 PAN : AVIPK3880F 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)-9, PUNE ON 28-09-2018 IN RELATION TO THE ASSESSMENT YEAR 2008-09. 2. THIS APPEAL IS TIME-BARRED BY 264 DAYS. THE ASSESSE E HAS FILED AN AFFIDAVIT EXPLAINING THE REASONS WHICH LED TO THE LATE FILING OF THE APPEAL. I AM SATISFIED WITH SUCH REASONS. THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON MERITS. APPELLANT BY SHRI PRAMOD SHINGTE RESPONDENT BY SHRI RAJEEV RANJAN DATE OF HEARING 11-03-2020 DATE OF PRONOUNCEMENT 12-03-2020 ITA NO.1369/PUN/2019 UTTAM BABURAO KAMATHE 2 3. THE ONLY EFFECTIVE ISSUE RAISED IN THIS APPEAL 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 CAPITAL ASSET BY SEVERAL PERSONS HO LDING SMALL LAND HOLDINGS, INCLUDING THE ASSESSEE, FOR CONSTRUCTION OF DSK DREAM CITY. SIMILAR ADDITIONS WERE MADE IN THE HANDS OF SOME OTHER TRANSFERORS AS WELL. SOME OF THE M ATTERS HAVE COME UP FOR CONSIDERATION BEFORE THE PUNE BENCHES O F THE TRIBUNAL IN CERTAIN CASES INCLUDING SMT. SAVITA SUBHASH TILEKAR (ITA NO.1111/PUN/2019, DATED 03-01-2020), SHRI PRITAM SUBHASK TILEKAR AND ANOTHER (ITA NO.962/PUN/2019,DATED 06-09-2019), AND SHRI VIKAS RAMCHANDRA RAUT AND OTHERS (ITA NO.1943/PUN/2018, DATED 18-04-2019). IN ALL THESE CASES, THE TRIBUNAL HAS ACCEPTE D THE ASSESSEES CONTENTION AND ALLOWED THE RESPECTIVE GROUNDS TOWARDS CAPITAL GAIN ARISING FROM THE TRANSFER OF THE LAND. COPIES OF SUCH ORDERS HAVE BEEN PLACED AT PAGES 1 TO 1 5 OF THE PAPER BOOK. ITA NO.1369/PUN/2019 UTTAM BABURAO KAMATHE 3 5. IT HAS BEEN FAIRLY ADMITTED BY BOTH THE PARTIES THAT THE FACTS OF THE INSTANT APPEAL ARE MUTATIS MUTANDIS SIMILAR TO THOSE ALREADY CONSIDERED AND DECIDED BY THE TRIBUNAL IN THE AFORENOTED CASES PERTAINING TO THE SAME ASSESSMENT YEAR, A S IS INSTANTLY UNDER CONSIDERATION. RESPECTFULLY FOLLOWING THE PRECEDENTS, I ORDER TO DELETE THE ADDITION. 6. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH MARCH, 2020. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 12 TH MARCH, 2020 ITA NO.1369/PUN/2019 UTTAM BABURAO KAMATHE 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-9, 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 DATE 1. DRAFT DICTATED ON 11-03-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 11-03-2020 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. *