Income Tax Appellate Tribunal - Pune
Uttam Baburao Kamathe,, Pune vs Income-Tax Officer, Ward - 14 (4),, Pune on 12 March, 2020
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "SMC", PUNE
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
आयकर अपील सं. / ITA No.1369/PUN/2019
िनधा रण वष / Assessment Year : 2008-09
Uttam Baburao Kamathe, Vs. ITO, Ward-14 (4),
A/P. TarawadiWasti Fursungi, Pune
Tal. Haveli, Dist. Pune 412 308
PAN : AVIPK3880F
(Appellant) (Respondent)
Appellant by Shri Pramod Shingte
Respondent by Shri Rajeev Ranjan
Date of hearing 11-03-2020
Date of pronouncement 12-03-2020
आदेश / ORDER
PER R.S.SYAL, VP :
This appeal by the assessee arises out of the order passed 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 assessee 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.
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Uttam Baburao Kamathe
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 relevant material on record. It is seen that the instant dispute arose on account of transfer of capital asset by several persons holding 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 matters have come up for consideration before the Pune Benches of 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 accepted 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 15 of the paper book.
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Uttam Baburao Kamathe
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, as 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 12th March, 2020.
Sd/-
(R.S.SYAL) उपा य VICE PRESIDENT उपा य / पुणे Pune; दनांक Dated : 12th March, 2020 सतीश 4 ITA No.1369/PUN/2019 Uttam Baburao Kamathe आदेश क ितिलिप अ िे षत / Copy of the Order is forwarded to :
1. अपीलाथ / The Appellant;
2. यथ / The Respondent;
3. आयकर आयु (अपील) / The CIT (Appeals)-9, Pune
4. The Pr. CIT-6, Pune
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे "SMC" / DR 'SMC', ITAT, Pune;
6. गाड फाईल / Guard file.
// True copy // आदेशानुसार/ ार BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / 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 -- JM before the second member
4. Draft discussed/approved -- JM by Second Member.
5. Approved Draft comes to Sr.PS the Sr.PS/PS
6. Kept for pronouncement Sr.PS on
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.
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