Smt. Vijaya Jayawant Palkar, Kolhapur V. Income-tax Officer, Ward - 2, Ratnagiri

ITA 2478/PUN/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0587 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 04-12-2019
• Assessment Year: 2006-2007
• Appeal Filed On: 25-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: UDAY KAKNE
• Assessee Lawyers: P S SHINGTE
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 2478 /PUN/20 1 7 / ASSESSMENT YEA R : 200 6 - 0 7 SMT. VIJAYA JAYAWANT PALKAR GAURAV D. PHADNIS, 613 E WARD, PHADNIS CHAMBERS, SHAHUPURI, 1 ST LANE, KOLHAPUR 416001 PAN : BEKPP8006G .... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 2, RATNAGIRI . / RESPONDENT A SSESSEE BY : SHRI P. S. SHINGTE REVENUE BY : SHRI UDAY KAKNE / DATE OF HEARING : 23 .12.201 9 / DATE OF PRONOUNCEMENT : 23 .12.201 9 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(APPEALS) - 2 , KOLHAPUR ON 01 .0 8 .201 7 IN RELATION TO T HE ASSESSMENT YEAR 200 6 - 0 7 . 2. THE O N LY ISSUE RAISED IN THE APPEAL IS AGAINST CONFIRMATION OF THE ADDITION ON ACCOUNT OF CAPITAL GAI N TO THE TUNE OF RS.14,34,670/ - 2 ITA NO. 2478 /PUN/20 1 7 A.Y. 200 6 - 0 7 3. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT THE ASSESSEE IS ONE OF THE CO - OWNERS OF THE PROPERTY WHOSE TRANSFER RESULTED IN THE INSTANT ADDITION. S IMILAR ADDITIONS WERE MADE IN THE HANDS OF THE OTHER CO - OWNERS, NAMELY, SHRI DILIP JAYAWANT PALKAR AND SHRI ARUN JAYAWANT PALK AR . HE PLACED ON RECORD A COPY OF THE TRIBUNAL ORDER DATED 29.03.2019 IN ITA NOS.2476 & 2477/PUN/2017 , WHEREIN SIMILAR ADDITIONS HAVE BEEN SUSTAINED. IT WAS FAIRLY CONCEDED THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT APPEAL ARE MUTATIS MUTANDIS SIMILAR. 4. IN VIEW OF THE CANDID ADMISSION OF THE LD. AR , I UPHOLD THE IMPUGNE D ORDER ON THIS SCORE . 5 . IN THE RESULT, THE APPEAL IS DISMISSED . ORDER PRO NOUNCED ON 23 RD DAY OF DECEMBER , 201 9 . SD/ - R.S. SYAL /VICE - PRESIDENT / PUNE; / DATED : 23 RD DECEMBER, 201 9 . GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS) - 2, KOLHAPUR. 4. THE PR. CIT - 2, KOLHAPUR. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE 3 ITA NO. 2478 /PUN/20 1 7 A.Y. 200 6 - 0 7 * DATE 1 DRAFT DICTATED ON 23 .12.201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 23 .12.201 9 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER