plots
were claimed to have been sold as bungalow plots except Plot No.63,
64 & 65 and all of those three plots ... Assessing Officer has been that the
common layout, having common facility for all the plots, like road,
club house, etc. should be treated
sale price of the plot and the amount of
development charges collected from the plot holder was adjusted against
common development expenses incurred ... cancelled, the owners continue to enjoy such
rights in the plot allotted. It is common knowledge that risk
and rewards are also associated with
unity of management and control, and the plots are adjacent to
each other, having common electricity connection and common administrative and
marketing & sales staff
effective grounds raised by the department, which are
common for both the appeals, are as under:
"2. The ld. CIT(A) erred in allowing ... estate purchasing bulk lands and developing them into
plots and selling of the same. It is common knowledge
that in villages generally the transactions
providing the infrastructure facilities such as developed
plots and provision of area without charging for land cost,
common area facilities, sanitation, water supply, roads,
security
estate purchasing bulk lands and developing
them into plots and selling of the same. It is common
knowledge that in villages generally the transactions
separate and just because the two units share some facilities and have common electricity connection, they cannot be treated as one factory. However, on going ... only the two units are situated at the same plot of land, within the common boundary walls with common entry and exit gates
disposed of by this common order as common question of
law & facts is involved in them.
2. The
common case of these complainants ... made
common prayer in all four complaints that the original O.P. may be directed to
execute registered sale-deed of their respective plots
Versus
1. Palm Groves
Cooperative Housing Society Ltd.,
Having its office
at:-
Plot No.49, B. T. Kawade Road,
Ghorpadi, Pune ... 2003. Said scheme being a composite scheme,
common amenities are also in composite.
Common amenities are provided as per the list of the amenities attached
appeals,
they were heard together and are being disposed of by this common order, for
the sake of convenience.
2 I.T.A. No.2320 ... explained that the said person had booked
the plot through an agent. It is quiet common that the agent would book the plots
